Civil Rights Litigation Clearinghouse

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

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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 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.

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Summary Authors

Thomas Topping (2/1/2015)

Sarah McDonald (8/7/2018)

Alex Moody (4/18/2020)

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)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL

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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

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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: