Gay marriage on hold, but 3 couples marry

JACKSON — Mississippi Attorney General Jim Hood said Friday that same-sex marriages cannot take place immediately in the state, but three couples married in Hattiesburg amid confusion over when weddings can legally begin.

Gay and lesbian couples started applying for marriage licenses within moments of a U.S. Supreme Court ruling that legalizes gay marriage nationwide.

Hood, a Democrat, said a federal appeals court in New Orleans must first lift a hold on a gay-marriage court case from Mississippi. He said he didn't know how long that could take.

Hood's statement created confusion — and frustration — among some same-sex couples who stood in line at circuit clerks' offices to apply for licenses.

At the Forrest County Circuit Clerk's Office in Hattiesburg, three couples received marriage licenses and took their vows on the courthouse steps. Circuit Clerk Lou Ellen Adams said when the couples arrived, she didn't have the attorney general's opinion that no licenses should be issued.

"By the time we got the opinion, we were starting the second license," Adams told The Associated Press. "I didn't know whether it would be valid, so I suggested they talk with their minister who was outside. They came back it and said they wanted the license and we gave it to them."

Adams said she advised the first couple that their license might not be valid, but they were fine with it.

"I am not issuing any more, based on the attorney general's opinion," Adams said.

First to receive a license in Forrest County were Amber Hamilton and Annice Smith of Laurel, who have been together for six years.

In the capital city of Jackson, Tiffany Brosh and Laurin Locke of Pearl filled out an application at the Hinds County circuit clerk's office. So did Knol Aust and Duane Smith of Jackson.

Brosh, 26, said she and Locke, 24, have been together three years and had a wedding last October in Ocean Springs, but it wasn't legally binding because of the state's ban on same-sex marriage. Brosh said they were disappointed about not being able to legally marry on Friday.

"Good things come to those who wait," Brosh said. "What's a little bit longer?"

Aust, 39, and Duane Smith, 40, have been a couple 17 years. Aust said he thought it was possible clerks might not immediately issue marriage licenses, "but it did sting a little."

They were hoping to marry Friday, with a more elaborate celebration later. Hood's statement appeared to put their plans on hold, at least temporarily.

"We have always felt we had a marriage," Aust said. "We're more than happy to get this legal portion out of the way."

Republican Gov. Phil Bryant said the Supreme Court ruling takes away states' right to regulate marriage.

"Today, a federal court has usurped that right to self-governance and has mandated that states must comply with federal marriage standards — standards that are out of step with the wishes of many in the United States and that are certainly out of step with the majority of Mississippians," Bryant said.

Two lesbian couples and a gay-rights group, Campaign for Southern Equality, sued Mississippi last year over the state's 1997 law and 2004 voter-approved constitutional amendment banning gay marriage. A federal judge overturned the ban but put marriages on hold while the state appealed.

U.S. District Judge Carlton Reeves on Nov. 25 overturned the state's definition of marriage as only between a man and a woman, but same-sex couples were temporarily banned from marrying in Mississippi while the state asked the 5th U.S. Circuit Court of Appeals to overturn Reeves' ruling. The appeals court heard arguments but did not rule.

Reeves agreed with the plaintiffs' argument that same-sex couples deserve equal protection under the law. He also wrote that legalizing same-sex marriage would encourage development of stable families.