Case: Campaign for Southern Equality v. Bryant

3:14-cv-00818 | U.S. District Court for the Southern District of Mississippi

Filed Date: Oct. 20, 2014

Clearinghouse coding complete

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 based in North Carolina that works to promote the legalization of same-sex marriage. The two couples lived in Mississippi. One couple sought to get married in the state and the other sought to have their …

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 lived in Mississippi. One couple sought to get married in the state and the other sought 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 deprived 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, 64 F. Supp. 3d 906, (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 violated the Fourteenth 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."

On July 1, 2015, the Fifth Circuit issued a mandate affirming the preliminary injunction, remanding the the case for entry of judgment in favor of the plaintiffs, and vacating the stay entered by the Fifth Circuit. 791 F.3d 625 (5th Cir. 2015). The same day, the District Court (Judge Reeves) issued a permanent injunction in this case, enjoining the enforcement of Mississippi's same-sex marriage ban in light of the Obergefell decision and the issuance of the mandate from the Fifth Circuit. The court entered a final judgment in favor of the plaintiffs and against the defendants that same day.

On May 10, 2016, the plaintiffs filed a motion to reopen the judgment and modify the permanent injunction. The plaintiffs were concerned about the newly-enacted House Bill 1523, the "Protecting Freedom of Conscience from Government Discrimination Act," which was to go into effect July 1, 2016. The plaintiffs claimed HB 1523 not only authorized but encouraged discrimination against Mississippians based on "sincerely held religious beliefs." The plaintiffs' motion concerned a section of HB 1523 which permitted "any person employed or acting on behalf of the state government who has authority to authorize or license marriages" to "recuse" themselves from doing so for gay couples based on "sincerely held religious beliefs," with recusals filed with the State Registrar of Vital Records of the Mississippi Department of of Health. Miss. HB 1528 3(8).

The plaintiffs sought to reopen the case to, among other things, file a supplemental complaint naming the State Registrar of Vital Records as a defendant, and to modify the permanent injunction to require: (a) that the state not impede or delay the authorization and licensing of any legally valid marriage to same-sex couples; (b) notice of any recusal to the plaintiffs' counsel and court; (c) any individuals recusing themselves to submit a detailed plan submitted to the plaintiffs' counsel and the court identifying steps they will take to ensure authorization and licensing of marriages to same-sex couples will not be impeded or delayed as a result of the recusal; (d) posting of all recusals in a prominent place on the Department of Health website; and (e) that all people recusing themselves must treat all couples equally and therefore desist from issuing marriage licenses to any other couples.

The court granted the plaintiffs' motion in limited part on June 27, 2016. 197 F. Supp. 3d 905 (S.D. Miss. 2016). The court found that HB 1523 would "significantly change the landscape of Mississippi's marriage licensing laws" and reopened the case to address that change. The case was reopened for the parties to confer about how to provide clerks with actual notice of the permanent injunction and how to appropriately amend the permanent injunction. The court denied the plaintiffs' request to file a supplemental complaint against the Registrar.

On June 30, 2016, the court entered an order enjoining the enforcement of HB 1523 in Barber v. Bryant, 3:16-cv-442. 193 F. Supp. 3d 677 (S.D. Miss. 2016). The issuance of the preliminary injunction was appealed to the Fifth Circuit in the consolidated case No. 16-60477. On September 1, 2016, Judge Reeves entered a stay in this case pending resolution of the consolidated Fifth Circuit case on HB 1523. The Fifth Circuit reversed the injunction order on June 22, 2017, finding that the plaintiffs did not have standing, because they plaintiffs failed to demonstrate personal confrontation or taxpayer standing and the alleged stigmatic injury alone was insufficient to establish injury-in-fact for purposes of the Equal Protection claim. 800 F.3d 345 (5th Cir. 2017). The Supreme Court denied certiorari review of the reversal of the HB 1523 injunction on January 8, 2018. 138 S.Ct. 671 (2018).

On October 27, 2017, Judge Reeves lifted the stay in this action after the Fifth Circuit reversed the injunction and HB 1523 went into effect throughout Mississippi. The parties engaged in discovery until December 4, 2017. After then, there are no further entries in the docket until January 3, 2019, when the court administratively closed the case. The order states that the administrative closing has no effect on the substantive or procedural rights of the parties. As of April 18, 2020, the case has been dormant since then but could resume if one of the partied decided to reopen it.

Summary Authors

Thomas Topping (2/1/2015)

Sarah McDonald (8/7/2018)

Alex Moody (4/18/2020)

Related Cases

Alford v. Moulder, Southern District of Mississippi (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302379/parties/campaign-for-southern-equality-v-bryant/


Judge(s)

Graves, James Earl Jr. (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Byrd, Sibyl C. (Mississippi)

Carpenter, Dale (Minnesota)

Ehrlich, Andrew J. (New York)

Ellis, Dianne Herman (Mississippi)

Goodwin, Tommy D. (Mississippi)

Howard, Jacob W. (Mississippi)

Hupart, Jacob H. (New York)

Janghorbani, Jaren (New York)

Judge(s)

Graves, James Earl Jr. (Mississippi)

Reeves, Carlton Wayne (Mississippi)

Attorneys(s) for Plaintiff

Byrd, Sibyl C. (Mississippi)

Carpenter, Dale (Minnesota)

Ehrlich, Andrew J. (New York)

Ellis, Dianne Herman (Mississippi)

Goodwin, Tommy D. (Mississippi)

Howard, Jacob W. (Mississippi)

Hupart, Jacob H. (New York)

Janghorbani, Jaren (New York)

Kaplan, Roberta Ann (New York)

Kaye, Joshua D. (New York)

McDuff, Robert B. (Mississippi)

Mills, Alysson Leigh (Louisiana)

Silin, Rita Nahlik (Mississippi)

Stramiello, Warren (New York)

Walton, Diane E. (North Carolina)

Attorneys(s) for Defendant

Barnes, Paul E. (Mississippi)

Matheny, Justin L. (Mississippi)

Teeuwissen, Pieter (Mississippi)

Documents in the Clearinghouse

Document

3:14-cv-00818

Docket [PACER]

Jan. 3, 2019

Jan. 3, 2019

Docket
1

3:14-cv-00818

Plaintiff's Original Complaint for Declaratory and Injunctive Relief

Oct. 20, 2014

Oct. 20, 2014

Complaint
30

3:14-cv-00818

Memorandum Opinion and Order

64 F.Supp.3d 906

Nov. 25, 2014

Nov. 25, 2014

Order/Opinion
512864387

14-60837

Fifth Circuit Opinion

U. S. Court of Appeals for the Fifth Circuit

773 F.3d 55

Dec. 10, 2014

Dec. 10, 2014

Order/Opinion
33

14-60837

Appellees’ [Opposed] Motion for Immediate Lifting of Stay and Issuance of Mandate

U. S. Court of Appeals for the Fifth Circuit

June 26, 2015

June 26, 2015

Pleading / Motion / Brief
34

3:14-cv-00818

Permanent Injunction

July 1, 2015

July 1, 2015

Order/Opinion
39

3:14-cv-00818

Motion to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction

May 10, 2016

May 10, 2016

Pleading / Motion / Brief
52

3:14-cv-00818

Order

197 F.Supp.3d 905

June 27, 2016

June 27, 2016

Order/Opinion
53

3:14-cv-00818

Agreed Order

Sept. 1, 2016

Sept. 1, 2016

Order/Opinion
55

3:14-cv-00818

Agreed Order

Oct. 27, 2017

Oct. 27, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302379/campaign-for-southern-equality-v-bryant/

Last updated June 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Phil Bryant, Barbara Dunn, and Jim Hood ( Filing fee $ 400 receipt number 34643029820), filed by Campaign for Southern Equality, Rebecca Bickett, Jocelyn Pritchett, Carla Webb, and Andrea Sanders. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 10/20/2014)

1 Civil Cover Sheet

View on PACER

Oct. 20, 2014

Oct. 20, 2014

RECAP
2

Summons Issued as to Phil Bryant, Barbara Dunn, and Jim Hood. (ND) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
3

Corporate Disclosure Statement by Campaign for Southern Equality (McDuff, Robert) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
4

MOTION for Preliminary Injunction by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Declaration of Rebecca Bickett, # 2 Exhibit Declaration of Jocelyn Pritchett)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Declaration of Rebecca Bickett

View on PACER

2 Exhibit Declaration of Jocelyn Pritchett

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER
5

MEMORANDUM in Support re 4 MOTION for Preliminary Injunction filed by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (McDuff, Robert) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
6

MOTION for Roberta Kaplan to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Roberta Kaplan receipt number 0538-2801813 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER
7

MOTION for Andrew Ehrlich to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Andrew Ehrlich receipt number 0538-2801818 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER
8

MOTION for Jacob Hupart to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Jacob Hupart receipt number 0538-2801822 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER
9

MOTION for Jaren Janghorbani to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Jaren Janghorbani receipt number 0538-2801839 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER
10

MOTION for Joshua Kaye to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Joshua Kaye receipt number 0538-2801842 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER
11

MOTION for Warren Stramiello to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Certificate of Good Standing)(McDuff, Robert) (Entered: 10/20/2014)

1 Exhibit Certificate of Good Standing

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER

Pro Hac Vice fee paid for Warren Stramiello receipt number 0538-2801845 $ 100 (McDuff, Robert)

Oct. 20, 2014

Oct. 20, 2014

PACER

TEXT-ONLY ORDER granting 6 Motion to Appear Pro Hac Vice of ROBERTA KAPLAN; granting 7 Motion to Appear Pro Hac Vice of ANDREW EHRLICH; granting 8 Motion to Appear Pro Hac Vice of JACOB HUPART; granting 9 Motion to Appear Pro Hac Vice of JAREN JANGHORBANI; granting 10 Motion to Appear Pro Hac Vice of JOSHUA KAYE; and granting 11 Motion to Appear Pro Hac Vice of WARREN STRAMIELLO as co-counsel for Southern Equality, Jocelyn Pritchett, Andrea Sanders and Carla Webb. Signed by Magistrate Judge Linda R. Anderson on 10/21/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Oct. 21, 2014

Oct. 21, 2014

PACER

Set Hearing: Telephone Status Conference set for 10/22/2014 at 9:00 AM before District Judge Carlton W. Reeves. CALL-IN TELEPHONE NO.: (601) 608-3977. (JS)

Oct. 21, 2014

Oct. 21, 2014

PACER
12

NOTICE of Appearance by Pieter Teeuwissen on behalf of Barbara Dunn (Teeuwissen, Pieter) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
13

NOTICE of Appearance by Dianne Herman Ellis on behalf of All Plaintiffs (Ellis, Dianne) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference re: 4 MOTION for Preliminary Injunction held on 10/22/2014. Participants: Robert McDuff, Roberta Kaplan and Sibyl Byrd for Plaintiffs; Harold Pizzetta, Justin Matheny and Pieter Teeuwissen for the State and County Defendants. State and County Defendants shall file Responses to the motion by 11/10/2014; Plaintiffs may file any Replies by 11/11/2014. Hearing Set as to 4 MOTION for Preliminary Injunction on 11/12/2014 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. (JS)

Oct. 22, 2014

Oct. 22, 2014

PACER
14

NOTICE of Appearance by Rita Nahlik Silin on behalf of All Plaintiffs (Silin, Rita) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
15

SUMMONS Returned Executed by Campaign for Southern Equality, Rebecca Bickett, Jocelyn Pritchett, Carla Webb, Andrea Sanders Barbara Dunn served on 10/20/2014, answer due 11/10/2014. (McDuff, Robert) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
16

SUMMONS Returned Executed by Campaign for Southern Equality, Rebecca Bickett, Jocelyn Pritchett, Carla Webb, Andrea Sanders Jim Hood served on 10/20/2014, answer due 11/10/2014. (McDuff, Robert) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
17

SUMMONS Returned Executed by Campaign for Southern Equality, Rebecca Bickett, Jocelyn Pritchett, Carla Webb, Andrea Sanders Phil Bryant served on 10/20/2014, answer due 11/10/2014. (McDuff, Robert) (Entered: 10/24/2014)

Oct. 24, 2014

Oct. 24, 2014

PACER
18

MOTION for Diane E. Walton to Appear Pro Hac Vice by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit Ex-A Certificate of Good Standing)(McDuff, Robert) (Entered: 11/05/2014)

1 Exhibit Ex-A Certificate of Good Standing

View on PACER

Nov. 5, 2014

Nov. 5, 2014

PACER

Pro Hac Vice fee paid for Diane E. Walton receipt number 0538-2814039 $ 100 (McDuff, Robert)

Nov. 5, 2014

Nov. 5, 2014

PACER
19

NOTICE of Appearance by Sibyl C. Byrd on behalf of Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Byrd, Sibyl) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER

TEXT-ONLY ORDER granting 18 Motion to Appear Pro Hac Vice of DIANE E. WALTON as co-counsel for Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders and Carla Webb. Signed by Magistrate Judge Linda R. Anderson on 11/7/2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. (WG)

Nov. 7, 2014

Nov. 7, 2014

PACER
20

ANSWER to 1 Complaint, by Phil Bryant, Jim Hood.(Matheny, Justin) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
21

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction filed by Phil Bryant, Jim Hood (Attachments: # 1 Exhibit 1 - Order in Walker v. Mississippi; No. 3:04cv140-LS (Apr. 11, 2006), # 2 Exhibit 2 - Order in Walker v. Mississippi; No. 3:04cv140-LS (July 25, 2006))(Matheny, Justin) (Entered: 11/10/2014)

1 Exhibit 1 - Order in Walker v. Mississippi; No. 3:04cv140-LS (Apr. 11, 2006)

View on PACER

2 Exhibit 2 - Order in Walker v. Mississippi; No. 3:04cv140-LS (July 25, 2006)

View on PACER

Nov. 10, 2014

Nov. 10, 2014

PACER
22

MEMORANDUM IN SUPPORT re 21 Response in Opposition to Motion, filed by Phil Bryant, Jim Hood (Matheny, Justin) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
23

MOTION Contingent Motion for Stay Pending Appeal by Phil Bryant, Jim Hood (Barnes - Government, Paul) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
24

MEMORANDUM IN SUPPORT re 23 MOTION Contingent Motion for Stay Pending Appeal filed by Phil Bryant, Jim Hood (Barnes - Government, Paul) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
25

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
26

RESPONSE to Motion re 4 MOTION for Preliminary Injunction filed by Barbara Dunn (Teeuwissen, Pieter) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
27

MEMORANDUM IN SUPPORT re 26 Response to Motion of Plaintiffs for Declaratory and Injunctive Relief filed by Barbara Dunn (Teeuwissen, Pieter) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
28

RESPONSE in Opposition re 23 MOTION Contingent Motion for Stay Pending Appeal filed by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 11/11/2014)

Nov. 11, 2014

Nov. 11, 2014

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 11/12/2014 re 4 MOTION for Preliminary Injunction filed by Andrea Sanders, Carla Webb, Campaign for Southern Equality, Jocelyn Pritchett and Rebecca Bickett; and 23 MOTION Contingent Motion for Stay Pending Appeal filed by Jim Hood and Phil Bryant. Appearances: Roberta A. Kaplan, Joshua D. Kaye, Robert B. McDuff, Diane E. Walton, Dianne H. Ellis and Sibyl C. Byrd for Plaintiffs; and Justin L. Matheny, Paul E. Barnes and Pieter Teeuwissen for Defendants; with special counsel, Anthony Simon. The Court heard arguments on the issues, and shall rule at a later date. Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. (JS)

Nov. 12, 2014

Nov. 12, 2014

PACER
29

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 11-12-2014 before Judge Carlton W. Reeves. Court Reporter Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Redaction Request due 12/8/2014. Redacted Transcript Deadline set for 12/18/2014. Release of Transcript Restriction set for 2/16/2015. (GM) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

RECAP
30

ORDER granting 4 Motion for Preliminary Injunction; granting in part and denying in part 23 Motion to Stay Pending Appeal. This Preliminary Injunction is stayed for 14 days. Signed by District Judge Carlton W. Reeves on 11/25/2014. (kf) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

RECAP
31

NOTICE OF APPEAL as to 30 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction by Phil Bryant, Jim Hood. Filing fee $ 505, receipt number 0538-2828718. Appeal Record due by 12/9/2014 (Barnes - Government, Paul) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER

Appeal Remark re 31 Notice of Appeal: Transcript Order Form attorney Paul Barnes. (cwl)

Nov. 26, 2014

Nov. 26, 2014

PACER

Certified and Transmitted Record on Appeal electronically to US Court of Appeals in re 31 Notice of Appeal. (ND)

Dec. 2, 2014

Dec. 2, 2014

PACER
32

TRANSCRIPT REQUEST by Jim Hood for proceedings held on 11/12/14 before Judge Reeves. (Attachments: # 1 Cover Letter)(ND) (Entered: 12/05/2014)

1 Cover Letter

View on PACER

Dec. 5, 2014

Dec. 5, 2014

PACER
33

NOTICE / Letter enclosing 5th Circuit Motion by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

RECAP
34

PERMANENT INJUNCTION. IT IS HEREBY ORDERED that the State of Mississippi and all its agents, officers, employees, and subsidiaries, and the Circuit Clerk of Hinds County and all her agents, officers, and employees, are permanently enjoined from enforcing Section 263A of the Mississippi Constitution and Mississippi Code Section 93-1-1(2). Signed by District Judge Carlton W. Reeves on 07/01/2015. (AC) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER
35

FINAL JUDGMENT in favor of Campaign for Southern Equality, Rebecca Bickett, Andrea Sanders, Jocelyn Pritchett, and Carla Webb, against Phil Bryant, Jim Hood, and Barbara Dunn, all in their official capacities. Signed by District Judge Carlton W. Reeves on 07/01/2015. (AC) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

RECAP
36

Copy of Opinion - USCA in re 31 Notice of Appeal. (Attachments: # 1 Cover Letter)(ND) (Entered: 07/02/2015)

1 Cover Letter

View on PACER

July 2, 2015

July 2, 2015

PACER
37

CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 31 Notice of Appeal filed by Jim Hood and Phil Bryant. (Attachments: # 1 Cover Letter)(ND) (Entered: 07/02/2015)

1 Cover Letter

View on PACER

July 2, 2015

July 2, 2015

PACER
38

NOTICE / Plaintiffs' Letter to Judge Reeves by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb re 34 Permanent Injunction, (Attachments: # 1 [Proposed] Order Clarifying Application of Permanent Injunction)(Kaplan - PHV, Roberta) (Entered: 07/02/2015)

1 [Proposed] Order Clarifying Application of Permanent Injunction

View on PACER

July 2, 2015

July 2, 2015

PACER

DOCKET ANNOTATION as to # 38 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND)

July 2, 2015

July 2, 2015

PACER
39

MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Kaplan - PHV, Roberta) (Entered: 05/10/2016)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

May 10, 2016

May 10, 2016

PACER

DOCKET ANNOTATION as to # 39 . L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (ND)

May 10, 2016

May 10, 2016

PACER
40

RESPONSE in Opposition re 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction filed by Phil Bryant, Jim Hood (Attachments: # 1 Exhibit 1-July 3, 2015 10:35AM Email, # 2 Exhibit 2-July 3, 2015 Email, # 3 Exhibit 3-July 7, 2015 10:00 AM Email, # 4 Exhibit 4-July7, 2015 10:33 AM Email, # 5 Exhibit 5-July 10, 2015 6:02 AM Email, # 6 Exhibit 6- Mississippi House Bill1523, Regular Session 2016, # 7 Exhibit 7-April 28, 2016 Letter and Exhibits, # 8 Exhibit 8-May 4, 2016 Letter)(Matheny, Justin) (Entered: 05/24/2016)

1 Exhibit 1-July 3, 2015 10:35AM Email

View on PACER

2 Exhibit 2-July 3, 2015 Email

View on PACER

3 Exhibit 3-July 7, 2015 10:00 AM Email

View on PACER

4 Exhibit 4-July7, 2015 10:33 AM Email

View on PACER

5 Exhibit 5-July 10, 2015 6:02 AM Email

View on PACER

6 Exhibit 6- Mississippi House Bill1523, Regular Session 2016

View on PACER

7 Exhibit 7-April 28, 2016 Letter and Exhibits

View on PACER

8 Exhibit 8-May 4, 2016 Letter

View on PACER

May 24, 2016

May 24, 2016

PACER
41

MEMORANDUM IN SUPPORT re 40 Response in Opposition to Motion,, to Reopen Judgment, File Supplemental Pleading and Modify the Permanent Injunction filed by Phil Bryant, Jim Hood (Matheny, Justin) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
42

NOTICE of Appearance by Tommy D. Goodwin - State Gov on behalf of Phil Bryant (Goodwin - State Gov, Tommy) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
43

Joinder in Document by Phil Bryant to 40 Response in Opposition to Motion,, filed by Jim Hood, Phil Bryant, 41 Memorandum in Support filed by Jim Hood, Phil Bryant (Goodwin - State Gov, Tommy) (Entered: 05/24/2016)

May 24, 2016

May 24, 2016

PACER
44

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

PACER

TEXT-ONLY ORDER granting 44 Unopposed Motion for Extension of Time to File Reply re 39 MOTION to Reopen Judgment. Reply due on or before 6/3/2016. Signed by District Judge Carlton W. Reeves on 5/31/2016. NO FURTHER WRITTEN ORDER SHALL ISSUE. (AC)

May 31, 2016

May 31, 2016

PACER
45

NOTICE of Appearance by Alysson Leigh Mills on behalf of All Plaintiffs (Mills, Alysson) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

PACER
46

REPLY to Response to Motion re 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction filed by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

PACER
47

ORDER requesting supplemental briefing re 39 Motion to Reopen Judgment. Briefs due Wednesday by 4:00. Signed by District Judge Carlton W. Reeves on 6/6/2016. (AC) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

PACER
48

MEMORANDUM in Support re 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction / Supplemental Memorandum filed by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Kaplan - PHV, Roberta) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
49

Response to Order re 47 ORDER requesting supplemental briefing re 39 Motion to Reopen Judgment. Briefs due Wednesday by 4:00. Signed by District Judge Carlton W. Reeves on 6/6/2016. (AC) filed by Jim Hood (Matheny, Justin) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER
50

Joinder in Document by Phil Bryant to 49 Response to Order filed by Jim Hood (Goodwin - State Gov, Tommy) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

PACER

Set/Reset Hearings: Telephonic Status Conference set for 6/10/2016 at 12:00 PM before District Judge Carlton W. Reeves. Only one attorney per side need participate. (AC)

June 10, 2016

June 10, 2016

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 6/10/2016. Participants: Roberta A. Kaplan, Robert B. McDuff, Justin L. Matheny, Paul E. Barnes and Tommy D. Goodwin. (JS)

June 10, 2016

June 10, 2016

PACER

Set Hearing as to 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction. Motion Hearing set for 6/20/2016 at 9:30 AM in Courtroom 5B (Jackson Federal Courthouse) before District Judge Carlton W. Reeves. (AC)

June 13, 2016

June 13, 2016

PACER

Set Hearing: Telephonic Status Conference set for 6/15/2016 at 11:00 AM before District Judge Carlton W. Reeves. (AC)

June 14, 2016

June 14, 2016

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 6/15/2016. Participants: Robert B. McDuff, Roberta A. Kaplan, Alysson L. Mills, Justin L. Matheny, Paul E. Barnes and Tommy D. Goodwin. (JS)

June 15, 2016

June 15, 2016

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 6/20/2016 re 39 MOTION to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction filed by Andrea Sanders, Carla Webb, Campaign for Southern Equality, Jocelyn Pritchett and Rebecca Bickett. Appearances: Roberta Kaplan, Joshua D. Kaye, Robert B. McDuff, Alysson L. Mills, Justin L. Matheny and Tommy D. Goodwin; with Zachery Dietery and Jacob Taber who have not yet entered appearances. Court heard arguments on the issues and reserved ruling for a later date. Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. (JS)

June 20, 2016

June 20, 2016

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6-20-2016 before Judge Carlton W. Reeves. Court Reporter/Transcriber Gina Morris, Telephone Number : 601-608-4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016. (GM) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
52

ORDER granting in part and denying in part 39 Motion to Reopen Judgment, File Supplemental Pleading, and Modify the Permanent Injunction. The Clerk of Court shall reopen this case. Signed by District Judge Carlton W. Reeves on 6/27/2016. (AC) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

RECAP

Set/Reset Hearings: Telephonic Status Conference set for 9/19/2016 at 1:30 PM central before District Judge Carlton W. Reeves. Court staff will circulate dial-in information prior to call. (AC)

Aug. 22, 2016

Aug. 22, 2016

PACER
53

AGREED ORDER STAYING CASE. The scheduled status conference is canceled. Signed by District Judge Carlton W. Reeves on 9/1/2016. (AC) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER

Set/Reset Hearings: Telephonic Status Conference set for 10/16/2017 at 10:00 AM before District Judge Carlton W. Reeves. Dial-in number to follow. (AC)

Oct. 2, 2017

Oct. 2, 2017

PACER

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 10/16/2017. Participants: Jaren Janghorbani, Joshua D. Kaye, Roberta A. Kaplan, Alysson L. Mills, Tommy D. Goodwin, Justin L. Matheny and Paul E. Barnes. (JS)

Oct. 16, 2017

Oct. 16, 2017

PACER
54

STATUS REPORT Regarding Proposed Agreed Order to Lift Stay by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Proposed Order)(Kaplan - PHV, Roberta) (Entered: 10/25/2017)

1 Proposed Order

View on PACER

Oct. 25, 2017

Oct. 25, 2017

PACER

DOCKET ANNOTATION as to # 54 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND)

Oct. 25, 2017

Oct. 25, 2017

PACER
55

AGREED ORDER LIFTING STAY. Signed by District Judge Carlton W. Reeves on 10/27/2017. (AC) (Entered: 10/27/2017)

Oct. 27, 2017

Oct. 27, 2017

PACER
56

NOTICE of Service of First Set of Interrogatories by Campaign for Southern Equality (Mills, Alysson) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
57

NOTICE of Service of Response to Interrogatories by Jim Hood (Matheny-State Gov, Justin) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
58

NOTICE of Service of Response to Interrogatories by Phil Bryant (Goodwin-State Gov, Tommy) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
59

NOTICE OF INTENT TO SERVE SUBPOENA by Rebecca Bickett, Campaign for Southern Equality, Jocelyn Pritchett, Andrea Sanders, Carla Webb (Attachments: # 1 Exhibit A)(Mills, Alysson) (Entered: 12/04/2017)

1 Exhibit A

View on PACER

Dec. 4, 2017

Dec. 4, 2017

PACER

DOCKET ANNOTATION as to # 59 . L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (ND)

Dec. 4, 2017

Dec. 4, 2017

PACER
60

Subpoena Returned Executed as to Junie O'Neal. (Mills, Alysson) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
61

ORDER Directing Clerk to administratively close Case. Signed by District Judge Carlton W. Reeves on 1/3/19 (MGB) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

RECAP

Case Details

State / Territory: Mississippi

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 20, 2014

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

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.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Mississippi, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation