University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Campaign for Southern Equality v. Bryant PB-MS-0004
Docket / Court 3:14-cv-00818 ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On October 20, 2014, the Campaign for Southern Equality and two same-sex couples filed a lawsuit in the United States District Court for the Southern District of Mississippi under 42 U.S.C § 1983 against the State of Mississippi. The Campaign for Southern Equality is a non-profit organization ... read more >
On October 20, 2014, the Campaign for Southern Equality and two same-sex couples filed a lawsuit in the United States District Court for the Southern District of Mississippi under 42 U.S.C § 1983 against the State of Mississippi. The Campaign for Southern Equality is a non-profit organization based in North Carolina that works to promote the legalization of same-sex marriage. The two couples live in Mississippi, one seeks to get married in the state and the other seeks to have their marriage, performed in another part of the country, legally recognized in the state. The plaintiffs asked the court to preliminarily and permanently enjoin the state from enforcing Mississippi Code Section 93-1-1(2) and Section 236A of Article 14 of the Constitution of Mississippi, claiming that by defining marriage as only between a man and a woman, the laws deprive same-sex couples of the right to due process and the equal protection of the laws in violation of the Fourteenth Amendment of the United States Constitution. The plaintiffs also sought the costs, expenses, and attorneys' fees related to the lawsuit.

On November 25, 2014, the United States District Court (Judge Carlton W. Reeves) entered an order enjoining the enforcement of Mississippi Code Section 93-1-1(2) and Section 236A of Article 14 of the Constitution of Mississippi. The court (Judge Reeves) found that Mississippi's ban on same sex marriage did violate the couples' rights under the Fourteenth Amendment. The court stayed its decision for 14 days, to allow the state a chance to appeal. Campaign for S. Equality v. Brant, --- F. Supp. 3d ---, 2014 WL 6680570 (S.D. Miss. 2014).

On November 26, 2014, the State of Mississippi filed an appeal with the United States Court of Appeals for the Fifth Circuit. The Court of Appeals stayed Judge Reeves' injunction pending resolution of the appeal. Campaign for S. Equality v. Bryant, 773 F.3d 55 (5th Cir. 2014). Oral arguments were heard on January 9, 2015.

On June 26, 2015, the Supreme Court decided Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse), holding that state bans on same-sex marriage violate the 14th Amendment. That same day, the plaintiffs in this case filed a motion with the Court of Appeals seeking to have the stay lifted and the district court order summarily affirmed. The motion noted: "Defendant-Appellant Jim Hood, in his official capacity as Mississippi Attorney General, does not oppose this motion. Defendant-Appellant Phil Bryant, in his official capacity as Governor of the State of Mississippi, opposes this motion." The case is ongoing.

Thomas Topping - 02/01/2015
- 06/26/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Non-profit NON-religious organization
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of Mississippi
Plaintiff Description The Campaign for Southern Equality is a non-profit organization based in North Carolina. The organization works to legalize same sex marriage throughout the South.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2014 - n/a
Case Closing Year 2014
Case Ongoing Yes
Case Listing PB-MS-0006 : Alford v. Moulder (S.D. Miss.)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
3:14−cv−00818−CWR−LRA (S.D. Miss.) 12/05/2014
PB-MS-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Original Complaint for Declaratory and Injunctive Relief 10/20/2014
PB-MS-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 11/25/2014 (64 F.Supp.3d 906) (S.D. Miss.)
PB-MS-0004-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Fifth Circuit Opinion 12/10/2014 (773 F.3d 55)
PB-MS-0004-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Appellees’ [Opposed] Motion for Immediate Lifting of Stay and Issuance of Mandate 06/26/2015
PB-MS-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Graves, James Earl Jr. (State Supreme Court, Fifth Circuit)
PB-MS-0004-0004
Reeves, Carlton Wayne (S.D. Miss.)
PB-MS-0004-0002 | PB-MS-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Byrd, Sibyl C. (Mississippi)
PB-MS-0004-0003 | PB-MS-0004-9000
Carpenter, Dale (Minnesota)
PB-MS-0004-0003
Ehrlich, Andrew J. (New York)
PB-MS-0004-0003 | PB-MS-0004-9000
Ellis, Dianne Herman (Mississippi)
PB-MS-0004-9000
Howard, Jacob W. (Mississippi)
PB-MS-0004-0003
Hupart, Jacob H. (New York)
PB-MS-0004-0003 | PB-MS-0004-9000
Janghorbani, Jaren (New York)
PB-MS-0004-0003 | PB-MS-0004-9000
Kaplan, Roberta A. (New York)
PB-MS-0004-0003 | PB-MS-0004-9000
Kaye, Joshua D. (New York)
PB-MS-0004-0003 | PB-MS-0004-9000
McDuff, Robert B. (Mississippi)
PB-MS-0004-0001 | PB-MS-0004-0003 | PB-MS-0004-9000
Silin, Rita Nahlik (Mississippi)
PB-MS-0004-9000
Stramiello, Warren (New York)
PB-MS-0004-9000
Walton, Diane E. (North Carolina)
PB-MS-0004-0003 | PB-MS-0004-9000
Defendant's Lawyers Barnes, Paul E. (Mississippi)
PB-MS-0004-9000
Matheny, Justin L. (Mississippi)
PB-MS-0004-9000
Teeuwissen, Pieter (Mississippi)
PB-MS-0004-9000
Other Lawyers None on record

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