All These Gay Marriage Bans on the way to the bon fire

UPDATE: Gov. Phil Bryant statement:

"In 2004, over 86 percent of Mississippi voters supported a constitutional amendment providing that marriage in Mississippi is valid only between a man and a woman. I will continue to uphold the constitution of the state of Mississippi."

ORIGINAL STORY:

The Fifth Circuit Court of Appeals, which covers Mississippi, could provide the catalyst for the Supreme Court to decide the gay marriage issue once and for all, nationwide.

And it's likely, many legal experts believe, bans on gay marriage such as Mississippi's will fall.

"I am opposed to same-sex marriage, but I believe the time has come for people of faith in Mississippi to prepare for the overturning of our constitutional ban on it," said state Rep. Andy Gipson, House judiciary chairman.

Here's why:

• The U.S. Supreme Court on Monday refused to hear appeals from five states where federal appeals courts declared same-sex marriage bans unconstitutional. This will essentially expand same-sex marriage to 11 states covered by these districts, bringing the total to 30.

• The cases the high court let slide were all federal rulings against gay marriage bans. A ruling from another district appeals court upholding a state's ban would essentially force the U.S. Supreme Court to step in and deal with conflicting rulings. The conservative Fifth Circuit or Sixth Circuit are the most likely to uphold a same-sex marriage ban.

• The Fifth Circuit Court of Appeals on Tuesday agreed to expedite hearing cases challenging Texas' and Louisiana's bans on gay marriage. Early this year, a Texas federal judge ruled the ban was unconstitutional, but issued a stay pending the state's appeal. A Louisiana federal judge recently upheld that state's ban.

• With the Supreme Court this week allowing the decisions against the state bans to stand, legal experts say it's unlikely the court would then rule in favor of any state bans.

"It's really hard to imagine the Supreme Court would have allowed thousands of same-sex couples to get married, including in some very conservative areas like Utah, and then turn around and say, 'Just kidding, there's nothing wrong with state bans,'" said Sarah Warbelow, legal director for the Human Rights Campaign.

Mississippi attorney Wesley Hisaw said, "If the federal government can't discriminate on same sex marriage, logically, how could the state discriminate?" Hisaw is representing Lauren Czekala-Chatham, who is suing to have Mississippi recognize her California same-sex marriage so it can grant her a divorce.

A DeSoto County Chancery judge in 2013 ruled Mississippi's Constitution and laws prevent granting a divorce. The state Supreme Court has agreed to hear Czekala-Chatham's appeal. Gov. Phil Bryant, represented by a Christian legal group, is intervening in the case, opposing the appeal.

Hisaw said he doesn't know when the state high court might hear the case or rule, but it's possible Czekala-Chatham's case "could be the one that goes up there" to the U.S. Supreme Court if it were decided and appealed before other federal cases.

In Mississippi and other Bible Belt states, the gay marriage issue remains contentious.

"I do think the bans are in jeopardy because of out-of-control, rogue renegade judges at every level of our federal judiciary," said Bryan Fischer, director of issue analysis at the Tupelo-based American Family Association. "The federal judiciary has become the place where the Constitution and democracy go to die."

Fischer said federal government and courts should have no jurisdiction over state marriage laws.

"There is no mention of the word marriage or homosexuality in the federal Constitution, so it should be left exclusively to the states," Fischer said.

Brian Little of Crystal Springs, who recently married his longtime partner in an out-of-state ceremony, said the courts are needed to establish fairness.

"Had the South voted on ending slavery or segregation, I'm not sure when those would have ended," Little said. "The courts are here to make educated and fair decisions that are blind, noble and above the level of the general population …. I wish the Supreme Court would go on and strike (same-sex marriage bans) down nationwide."

Gipson, who is also a Baptist minister, said he believes his opposition to same-sex marriage is consistent with the views of most Mississippians. He points to the 2004 vote on a constitutional amendment to prohibit same-sex marriages being conducted or recognized in Mississippi. It passed with 86 percent of the vote.

But Gipson said that legally, the writing appears to be on the wall for such bans with federal courts.

"I've said that preaching at my church," Gipson said. "It's coming. People of religious conviction need to be processing what this means for the culture, and how we will respond to these issues in coming years – how we will maintain our religious convictions in this environment.”

Geoff Pender, The Clarion-Ledger

 Geoff Pender at (601) 961-7266 or gpender@jackson.gannett.com. Follow @GeoffPender on Twitter.