Based on that decision, the Mississippi ban violates the “equal protection clause” of the constitution, according to the judge.
The Supreme Court’s decision encompasses benefits associated with same-sex marriages, such as adoption, he said.
“It also seems highly unlikely that the same court that held a state cannot ban gay marriage because it would deny benefits—expressly including the right to adopt—would then conclude that married gay couples can be denied that very same benefit,” Jordan wrote.
The Mississippi ban went into effect in 2000. The federal judge ordered the state Department of Human Services to stop enforcing it.
The religious freedom bill states that organizations should be at liberty to deny LGBT individuals services such as marriage, adoption and foster care.
The bill considers itself as protecting from discrimination anyone who believes marriage is between one man and one woman and the terms male and female pertain only to a person’s genetics and anatomy at birth.
Gov. Phil Bryant has not indicated whether he would sign the religious freedom bill, but he has said the proposed legislation is not discriminatory.
DAI posts news articles and commentary in areas relevant to adoption and foster care adoption as a way to aggregate information for members of our community. Links to the original article and publication source are included in each post. The views expressed in the articles posted on our News and Views section do not necessarily represent those of DAI, our staff, agents or affiliates. If you wish to read original commentary by DAI, check the blogs on our website as well as at the Huffington Post.