HINDS COUNTY, Miss. (WJTV) – A federal judge has decided to block one lawsuit against the Religious Accommodations Act.
But, there are three other lawsuits to consider before it kicks in on Friday, July 1, 2016.
U.S. District Judge Carlton Reeves said in his decision, that two gay men who wanted to marry, couldn’t prove they would face immediate harm.
The ACLU is asking the judge to reconsider.
HB 1523 gives circuit clerks the option to refuse to give marriage licenses to same-sex couples if it conflicts with a strongly held religious belief.
On Monday, June 20, 2016, Judge Reeves heard arguments about this; with one lawyer arguing that if a clerk recuses him or herself, they need to let the public know.
WJTV reached out to every circuit clerk office in Mississippi to find out who will refuse.
In Zack Wallace’s office, it’s business as usual.
Wallace is the Hinds County Circuit Clerk.
And while House Bill 1523 doesn’t go into effect until July 1st and is still being contested in court, Wallace, and his staff already know what they’ll do when a gay couple asks for a marriage license.
“We’ve talked about it. Right now, I’ve got no one that feels uncomfortable about it. So, everything’s going smoothly. We don’t look at it as same-sex marriage license. It’s a marriage license,” said Wallace.
But, not every clerk feels that way.
Attorney Roberta Kaplan argued the subject in federal court, saying that there must be a way for couples to find out before they get to an office, whether or not a clerk will serve them.
WJTV was able to reach most of the 82 counties in Mississippi and got details about the offices. Like how many people work there and if anyone will recuse themselves.
While many had no comment, others said they’ve discussed it but haven’t made a decision.
So far, Desoto County Circuit Clerk Dale Thompson is the only one to confirm to us she will recuse herself.
Eleven counties reported no one would recuse themselves and that includes Wallace’s office.
“I expected feedback from some of my clerks but pretty much everyone was easy going. They want to see people happy. They want people to be satisfied when they leave the office. So if it’s the law, we’ll make sure we abide the law,” said Wallace
State circuit clerks will gather in Natchez in two weeks for a conference.
Many of the people we talked to today expect to discuss HB 1523 then.
We’re still calling and waiting to hear back from some circuit clerks.
Below is a statement from the ACLU about the recent decision:
Our case is still alive. We have filed a motion to reconsider, and we’re hopeful the court will take another look. Ultimately, the ACLU of Mississippi will continue our efforts to ensure HB 1523 is struck down or repealed.
Below is a list of Mississippi counties that have responded to WJTV’s questions of recusals.
ADAMS
Circuit Clerk: Edward Walker
Deputy Clerks: 4
No one in his office plans to recuse themselves at this time.
AMITE
Circuit Clerk: Debbie Kirkland
Deputy Clerks: 2
No comment.
BENTON
Circuit Clerk: Kathy Graves
Deputy Clerks: 1
No response.
CALHOUN
Circuit Clerk: Carlton Baker
Deputy Clerks: 3
No plans to recuse.
CHOCTAW
Circuit Clerk: Cassandra Pulliam
Deputy Clerks: 3
No comment.
CLAIBORNE
Circuit Clerk: Sammie Lee Good
Deputy Clerks: 4
This office has not discussed if they will recuse.
CLAY
Circuit Clerk: Bob Harrell
Deputy Clerks: 3
There’s been no discussion of recusals in this office.
CLARKE
Circuit Clerk: Beth Doggett Jordan
Deputy Clerks: 2
This office is not aware of any recusals.
COVINGTON
Circuit Clerk: Melissa Duckworth
Deputy Clerks: 1
This office does not foresee any recusals.
DESOTO
Circuit Clerk: Dale Thompson
Deputy Clerks: 14
Thompson will recuse herself. Someone in the office will issue licenses.
FORREST
Circuit Clerk: Gwen Wilks
Deputy Clerks: 7
No response.
GEORGE
Circuit Clerk: Chad Welford
Deputy clerks: 3
No response.
GRENADA
Circuit Clerk: Michele Redditt
Deputy Clerks: 5
No response.
HANCOCK
Circuit Clerk: Karen Ruhr
Deputy Clerks: 5
This office has no recusals so far.
HARRISON
Circuit clerk: Connie Ladner
Deputy Clerks: 25
This office has no recusals so far.
HUMPHREYS
Circuit Clerk: Timaka J. Jones
Deputy Clerks: 4
No response.
JACKSON
Circuit Clerk Randy Carney
Deputy Clerks: 14
No one has plans to recuse themselves at this time.
LAFAYETTE
Circuit Clerk: Baretta J. Mosley
Deputy Clerks: 6
This office has not discussed recusals.
LAWRENCE
Circuit Clerk: James “Sandy” Brister
Deputy Clerks: 2
This office has not discussed recusals.
LEAKE
Circuit Clerk: Kathy G. Henderson
Deputy Clerks: 2
No comment.
LEE
Circuit Clerk: Camille Roberts
Deputy Clerks: 11
No comment.
LEFLORE
Circuit Clerk: Elmus Stockstill
Deputy Clerks: 4
No comment.
MARSHALL
Circuit Clerk: Lucy Carpenter
Deputy Clerks: 3
No response.
MONROE
Circuit Clerk: Dana L. Sloan
Deputy Clerks: 5
No response.
NESHOBA
Circuit Clerk: Patti Duncan Lee
Deputy Clerks: 3
This office hasn’t discussed recusals.
NEWTON
Circuit Clerk: Mike Butler
Deputy Clerks: 2
This office hasn’t discussed recusals.
PANOLA
Circuit Clerk Melissa Meek-Phelps
1st and 2nd District: 4 Deputy Clerks
This office has not discussed recusals.
PRENTISS
Circuit Clerk Mike Kelley
Deputy Clerks: 3
No response.
RANKIN
Circuit Clerk: Becky Boyd
Deputy Clerks: 10
No comment.
SIMPSON
Circuit Clerk: Steve Womack
Deputy Clerks: 4
No response.
SUNFLOWER
Circuit Clerk: Carolyn Hamilton
Deputy Clerks: 4
No response.
TALLAHATCHIE
Circuit Clerk: Daphane Neal
Deputy Clerks: 3
No response.
TIPPAH
Circuit Clerk: Randy Graves
Deputy Clerks: 3
No one at this office has plans to recuse themselves.
UNION
Circuit Clerk: Phyllis Stanford
Deputy Clerks: 3
No response.
WALTHALL
Circuit Clerk Vernon Alford
Deputy Clerks: 2
One clerk has plans to recuse.
WARREN
Circuit Clerk Jan Hyland Daigre
Deputy Clerks: 6
This office hasn’t discussed recusals.
WASHINGTON
Circuit Clerk: Barbara Esters-Parker
Deputy Clerks: 6
No response.
WAYNE
Circuit Clerk: Rose Bingham
Deputy Clerks: 3
No one in this office plans to recuse themselves.
WEBSTER
Circuit Clerk: Sherry Henderson
Deputy Clerk: 1
This office has not discussed recusals.
WINSTON
Circuit Clerk: Kim Ming
Deputy Clerks: 2
No one in this office has plans to recuse themselves
WILKINSON
Circuit Clerk: Lynn Tolliver-Delaney
Deputy Clerks: 2
No response.
YALOBUSHA
Circuit Clerk: Daryl Burney
1st District: 1 Deputy Clerk
2nd District: 1 Deputy Clerk
No one at this office has plans to recuse themselves.
YAZOO
Circuit Clerk: Robert Coleman
Deputy Clerks: 3
No one at this office has plans to recuse themselves.