Law Professor Amicus Brief Inwards The Mississippi Fada Case

On Monday, a Fifth Circuit panel volition ask heed Barber v. Bryant, a challenge to Mississippi’s H.B. 1523. At root, that police describe prohibits the authorities from taking “discriminatory action” against religious actors that concur whatever of 3 enumerated religious or moral beliefs: a) that “[m]arriage is or should hold out recognized equally the union of i homo too i woman;” b) that “[s]exual relations are properly reserved to such a marriage;” or c) that “male (man) or woman someone (woman) refer to an individual's immutable biological sexual activity equally objectively determined past times anatomy too genetics at fourth dimension of birth.”

The Mississippi police describe contains provisions concerning work discrimination, world accommodations, adoption services, too wellness care, with other areas. And it defines “discriminatory action” broadly. Among other things, the terra firma many non “[i]mpose, levy or assess a monetary fine, fee, penalisation or injunction.” This linguistic communication could embrace close remedies for civil rights violations. Moreover, the protected actors—“persons” too “religious organizations”—are defined expansively. For example, the term “person” explicitly includes for-profit corporations.

This is instance is of import non solely inwards itself, exactly besides because the Mississippi police describe resembles the federal “First Amendment Defense Act” or FADA. Although that stair out has non all the same been enacted, Senators have announced plans to innovate FADA, too President Trump has pledged to sign it. There is a like provision inwards Trump’s draft executive gild on religious freedom, equally Ira Lupu too Bob Tuttle explained yesterday. So the Fifth Circuit’s determination inwards the instance could ready a consequential precedent.

An amicus brief has been filed on behalf of police describe professors who specialize inwards religious liberty law. We debate that H.B. 1523 violates the Establishment Clause for iv reasons, which nosotros summarize this way: “Taken together, HB 1523’s odd features final result inwards iv distinct constitutional violations: it (1) has a religious purpose, (2) endorses the Enumerated Beliefs, (3) discriminates on the soil of belief too denomination, too (4) inflicts pregnant price on 3rd parties.”

The brief’s principal author is Joshua Matz, too it has been signed past times Caroline Corbin, Ira Lupu, Micah Schwartzman, Richard Schragger, Elizabeth Sepper, Robert Tuttle, too me.