Bush Judge Strikes Down Mississippi Same-Sex Adoption Ban

Seal_of_Mississippipng-compressedJACKSON, Miss. — A federal judge nominated to the bench by then-President George W. Bush has struck down Mississippi’s ban on same-sex adoption, the last remaining ban of its kind in the nation.

U.S. District Court Judge Daniel P. Jordan III granted a preliminary injunction against the ban on Thursday, opining that it “obviously targets married gay couples and limits their rights,” and that it violates the equal protection clause of the U.S. Constitution. He cited the U.S. Supreme Court ruling on same-sex “marriage” in drawing his conclusion.

“It also seems highly unlikely that the same court that held a state cannot ban gay marriage because it would deny benefits—expressly including the right to adopt—would then conclude that married gay couples can be denied that very same benefit,” Jordan wrote.

Mississippi’s Domestic Relations Code outlines that “[a]doption by couples of the same gender is prohibited.” The Mississippi Department of Human Services (DHS) also doesn’t include “sexual orientation” in its non-discrimination policy pertaining to adoption.

The law had been challenged last year by four homosexual twosomes: two of whom were seeking to adopt, and another two who desired to add their partner to their biological child’s birth certificate.

“In 2015, there can be no question that it is unconstitutional for Mississippi to bar gay couples from adopting for no reason other than that they happen to be gay,” attorney Roberta Kaplan told reporters. “We are very hopeful we will get the order we want.”

Mississippi Assistant Attorney General Justin Matheny had argued in court that the plaintiffs had no standing to sue since they had not proven that they had been refused in seeking to adopt. He also said that DHS, which was a defendant in the case, doesn’t have control over adoptions, as the request must be filed in chancery court.

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But Jordan rejected the argument, stating that since DHS has a hand in state adoptions they could not be dismissed from the case.

“Indeed, defendants have argued correctly that DHS has no statutory authority to grant or deny an adoption. But ‘[t]his wrongly equates injury ‘fairly traceable’ to the defendant with injury as to which the defendant’s actions are the very last step in the chain of causation,'” he wrote. “Here, DHS has submitted an affidavit verifying that it is charged with responsibilities affecting the adoption process.”

“The majority of the United States Supreme Court dictates the law of the land, and lower courts are bound to follow it. In this case, that means that [the pertinent section of the Domestic Relations Code] violates the Equal Protection Clause of the United States Constitution,” Jordan said.

On Friday, the Mississippi House of Representatives passed a religious freedom bill, H.B. 1523, which provides protections to pastors and businesses who object to same-sex “marriage” and prohibits punishment by the state. The bill had passed the Senate just days prior and now heads to the desk of Gov. Phil Bryant, who had not yet indicated whether or not he will sign the legislation into law.

He has hinted, however, that he doesn’t find the measure to be discriminatory.

“I think it gives some people, as I appreciate it, the right to be able to say that’s against my religious beliefs and I don’t need to carry out that particular task,” Bryan told local television station WLBT.

Lieutenant Gov. Tate Reeves has expressed his support for the bill.

“In the wake of last year’s U.S. Supreme Court decision, many Mississippians, including pastors, wanted protection to exercise their religious liberties,” he sad in a statement on Wednesday. “This bill simply protects those individuals from government interference when practicing their religious beliefs.”


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  • robertzaccour

    Every child deserves a mom and a dad. They’re supposedly pretty strict about people adopting children. Is it really too much to ensure that adopted children have a mom and a dad?

    • acontraryview

      “Is it really too much to ensure that adopted children have a mom and a dad?”

      There simply aren’t enough married couples who want to adopt to cover the amount of children who need a home. Would you also support a ban on allowing unmarried people to adopt?

      • robertzaccour

        I don’t know all the numbers but I do know that the guidelines to adopt are strict and there’s a lot of couples that want to adopt and haven’t been able to. And did I say anything about banning anything? No I did not.

        • acontraryview

          “there’s a lot of couples that want to adopt and haven’t been able to.”

          Basis?

          “And did I say anything about banning anything? No I did not.”

          if we ensure that adopted people have a mom and dad, that would preclude single people from adopting, would it not?

          • robertzaccour

            Not necessarily. My point is that it should be easier for couples to adopt than it is. I’m not against single people adopting, especially since there’s way more people waiting to adopt than there are children’s lives ended in the womb. Of course the lack of people considering having their babies adopted rather than going straight to abortion is another key factor but I digress…

  • Grace Kim Kwon

    Exposure to homosexuality is a child abuse. Secular Western culture has gone mad from having everything in life and being well-fed and horribly bored. Mankind must not be enslaved by the rich bored pervs. Never again. Sin is slavery. No submission to Sodom. Submit to God alone. Those who read the Holy Bible do not become slaves to the Western Sodomites.

    • Lexical Cannibal

      Exposure to Christianity is heinous child abuse. Children have rights to innocence, morality, and normality. Christian Western culture has gone mad from having everything in life and being well-fed and horribly bored for the longest time. Mankind must not be enslaved by those rich bored Hypocrites. Never again. Christ is slavery. No submission to God. Submit only to your own will. Those who read the Holy Bible become enslaved by the Western Hypocrites. Empirical truth and freedom of conscience for America!

      Protip: When you can swap all the identifiers to the other side’s point of view and still retain the same basic meaning, it’s a good sign you probably haven’t said anything substantive.

      • Grace Kim Kwon

        No, you are wrong. You secular Westerners are insane sexual pervs, apart from Christianity. Enough of your insanity. You guys lost sanity from having full-stomach for the longest time. Your hard-working Christian forefathers wasted everything valuable for bad descendants. Stop pushing your depravity upon the nations. People have rights to normality. You guys need Christianity for sanity and salvation and morality and literacy. No thanks to West’s sexual depravity.

        • John N

          We need christianity for sanity, salvation, morality and literacy?

          You mean the kind of christians that in hundreds of years murdered each other endlessly because of a different interpretation of their holy book? Those that massively killed the native people of the New World because they where heathens? Those that kept Africans as slaves and justified that with their version of the bible? Those christians that think it is perfectly fine for their god to torture people for eternity because of thought crimes, and are happy to kill innocent children if he asks them to?

          Do you happen to live on a different planet than we do?

          • Grace Kim Kwon

            Christianity rescued the world from demon-worships and barbarism and illiteracy. Africans converted to Christianity because Christianity is true and good. They don’t want today’s perv Westerners to push sexual immorality in their nations. The world only needs Christian missionaries, not the well-fed Western pervs. You wouldn’t have existed if the Church did not educate your mother not to abort her babies.

          • John N

            >’Christianity rescued the world from demon-worships and barbarism and illiteracy’
            Yes, I do know about the witch burnings, the inquisition, exorcism, the crusades and the fierce wars against other religious groups. And you think these were positive things?

            >’Africans converted to Christianity because Christianity is true and good. ‘
            … or because that was the only way to get food and stay alive.

            >’The world only needs Christian missionaries, not the well-fed Western pervs’
            Like all the christian priests and pastors that have been known to abuse young children?

            >’You wouldn’t have existed if the Church did not educate your mother not to abort her babies.’

            You wouldn’t have existed if your father had followed the advice from the bible:
            ‘And when he hath made her to drink the water, then it shall come to pass, that, if she be defiled, and have done trespass against her husband, that the water that causeth the curse shall enter into her, and become bitter, and her belly shall swell, and her thigh shall rot: and the woman shall be a curse among her people. And if the woman be not defiled, but be clean; then she shall be free, and shall conceive seed. — Numbers 5:21-21, 27-28’

          • Grace Kim Kwon

            The Numbers passage is about revealing adultery. Nothing of abortion. It means immoral people will go extict by childlessness.

          • John N

            Almost correct. It is the way a christian man should act when he suspects his wife of adultry. The result, if he is right, being an abortion of the foetus. Which is the correct way of punishing a foetus for their mothers’ adultry, of course.

            For more questionable moral stories, please read the bible.

          • Jerry Spoolman

            The bible should not be used to prove anything! It is a man made collection of untraceable thoughts of unknown persons with very little knowledge.
            There is no link to anything real. This is true of all religions, each one is equally true or untrue! Grace Kim Kwon would probably agree with me that the Islam religion is not true and a Muslim would agree with me that Christianity is not true. This applies to all religions, people chose based on what they have been brainwashed to believe. If there is a God, we humans would not have any idea what its rules would be.
            People should be free to believe whatever they wish.BUT, our laws should be completely free of religion; and, religion should not be used to justify any argument.

        • Guest

          ‘From having full stomachs’?

          Again, a Christian is commanded to love and forgive, and those who can only talk about sex are the ones who are insane. Stereotyping is a pretty good indicator of someone who doesn’t understand the message of Christ no matter what point of the compass they live in.

          • Grace Kim Kwon

            Secular West has been too well-fed for the longest time. It’s normal for the bored rich to amuse themselves with doing evil and oppressing the poor. You guys need Christianity to have some functioning conscience.

          • John N

            >’You guys need Christianity to have some functioning conscience.’

            You mean a conscience that allows you to dehumanize and discriminate people who do not think, act and behave exactly like you do?

            No thanks.

          • Grace Kim Kwon

            Secular West has no sanity or morality apart from the Christian conscience. Declaring that homosexuality is sin is a truth-proclamation and not discrimination. You guys have gone hopelessly warped by applying racial equality upon sexual immorality. Secular West hurts global children. Children have rights to innocence and morality.

          • John N

            The west has no morality apart from the christian conscience? You keep on repeating that without the least of evidence.

            Sin is a religious, typical christian concept, with no meaning in the real world. It is only useful to control and manipulate gullible people like you are. Discriminating people based on such a fictional concept is moraly unacceptable. Luckily, in most western countries it is against the law.

          • Guest

            keep the ad hominems to yourself please they are against posting policy.

          • Grace Kim Kwon

            You guys are funding your sick immorality on Planet Earth. Stop that evil. Christians have freedom of speeches. The ones you have with are apostates.

        • acontraryview

          “Your hard-working Christian forefathers ”

          May of our forefathers were not Christian.

          • Grace Kim Kwon

            Yes, they were all made literate by the Christians. The Western civilization has received Christianity’s benevolence and benefits for the longest time on Planet Earth. You guys were just illiterate child-killing tree-worshipping barbarians before the Church made you civilized. The West is repaying the good with evil to the Christian Church this century by insane immoral.

          • John N

            >’You guys were just illiterate child-killing tree-worshipping barbarians before the Church made you civilized.’

            And who invented religion, god and the church, you think?

            Indeed, the same illiterate child-killing tree-worshipping barbarians.

            I’m still wondering if it was worth all the trouble.

          • Grace Kim Kwon

            Christianity is from God and made the illiterate barbaric Europeans civilized. Learn your own history. You well-fed secular perv Westerners are suffering from boredom because you have nothing to do, and that’s why you bully the Christians this century. Stop doing evil. Get some morality by leaving Christians alone. Stop repaying the good with evil.

          • John N

            Christianity is, like every religion, a human invention. It originated as a Judaic sect in the first century. Strange you do not seem to know the history of your own religion.

            And you might have noticed that the article is about christians trying to meddle with other people’s rights. Again. If you want to be left alone, stop trying to push your religion into other people’s life.

          • acontraryview

            “Yes, they were all made literate by the Christians.”

            Who are you referring to?

            “You guys were just illiterate child-killing tree-worshipping barbarians before the Church made you civilized. ”

            Who is “you guys”?

          • gizmo23

            Tell it to those that were slaves in America and the natives we slaughtered

        • Lexical Cannibal

          You are wrong. Secularism is good and the Western christian hypocrisy is bad. You Christian Westerners are insane religious hypocrites, apart from all reason. Enough of your insanity. You guys lost sanity from having full-stomach for the longest time. Your hard-working Secular forefathers wasted everything valuable for bad descendants. Stop pushing your depravity upon the nations. People have rights to normality. You guys need Secularism for sanity and salvation and morality and literacy. No thanks to West’s religious hypocrisy.

          See how easy that was? You may not realize this, but that’s a lot harder to do when the argument is more complicated than “your side bad, my side good.”

          My point stands.

          • BarkingDawg

            Grace thinks Eastern Chistianity good. Western people bad.

          • Grace Kim Kwon

            You guys only have insane nudism and broken families and sexual depravity, apart from Christianity. You guys need Christianity to be decent. Stop being bad descendants by dishonoring God and disgracing all your hard-working Christian forefathers.

          • John N

            Right, because your god was such an example of high moral standards.

            Wasn’t he the one who supposedly drowned all mankind, including children and pregnant woman, because he did such a lousy job at creation?

          • Grace Kim Kwon

            You are wrong. It’s the raw humanity who did evil; Creator God has rights to wipe out warped generations. He also takes care of innocent creation and innocent humans because He is the holy sovereign Creator. Nothing belongs to you. Read Genesis ch.6, ch.18-19, and John ch.3. Sodomic West is being spared only because of its Christian population, but God will bring judgment day upon the earth soon. His justice prevails. You need to repent of your blasphemy to get saved.

          • John N

            Yes, like I said he deliberately or by sheer incompetence, created evil humans, and to correct that mistake he supposedly drowned them all – and reset the game. With no effect at all.

            But the took care of the innocent – probably by drowning them softly?

            Being the owner of a creation gives you the right to wipe it out? Nice. Is that the excuse for christians to punish and kill their children if they turn out to be ‘evil’?

            And of course you conclude with the traditional christian threats of the second coming and final judgement. Which by the way was supposed to have happened two thousand years ago, was it not? I’m a bit worried – he didn’t miss the train, I hope.

          • Grace Kim Kwon

            You only keep copying without substance, just like atheists hijacked a Christendom and corrupted it.

          • Lexical Cannibal

            If what I’m saying seems like it’s without substance, then I suggest you consider how substance might be lacking from the source material.

    • acontraryview

      “Exposure to homosexuality is heinous child abuse. ”

      How so?

      • BarkingDawg

        Because the child might learn tolerance.

        We can’t have that

        Jesus hates gays.

        • Grace Kim Kwon

          The Holy Bible as well as normal religions prohibit homosexuality as waywardness. You Westerners have lost morality altogether by losing Christianity. All you have as your core belief is sexual decadence today and nothing else. Worse than your ancient Greek ancestors. You guys are being bored and have started persecuting the Christians because you cannot single out the colored people for bullying anymore. You think you can get away because all the perv powerful entities are on your side, but you must stop bullying the Christians in the USA.

      • Grace Kim Kwon

        Children have rights to innocence and morality.

        • John N

          Which they will learn from christian priests and pastors. Until they are caught in the act, of course;

        • acontraryview

          Where do those “rights” exist?

        • gizmo23

          Then they shouldn’t be allowed anywhere near a Bible

  • Gena B

    If someone wants to put their child up for adoption there are options for them to meet and approve whoever adopts their child, so if they are not comfortable with it, the babies biological mom could decide who is the best fit.

  • acontraryview

    No surprise that Mississippi was the last state to ban this. It is now legal in all 50 states.

    • kagl982

      Mississippi has the highest percentage of African Americans, 37 percent.

      Sounds like you have some melanin issues.

      • acontraryview

        How does a statistic about the percent of people in Mississippi who are black translate into my having melanin issues?

        • kagl982

          You obviously hate people who don’t sign on to your homosexual agenda and regard them as inferior to you. White liberals have always hated blacks, they just like them on election days. The main reason you are pro-abortion is that you want to decrease the number of blacks and Latinos. The biggest white supremacists in America today are the not the KKK but white liberals.

          • BarkingDawg

            Stereotype much?

          • acontraryview

            So you don’t know a statistic about the percent of people in Mississippi who are black would translate into my having melanin issues. Got it. Thanks.

            “You obviously hate people who don’t sign on to your homosexual agenda and regard them as inferior to you.”

            What have I said that would lead you to that false conclusion?

  • 0pus37

    Judicial tyranny (again).

    Having a child raised by two lesbians or two gays is the worst form of child abuse. Long before the child hits puberty it will be used as a sexual plaything by its “parents'” low-life friends, not to mention drugs, alcohol, and pornography when children with normal parents are surrounded by love.

    • BarkingDawg

      Blah, blah, blah.

    • Jalapeno

      Weird..

      Are you under the impression that a couple that fought long and hard to adopt a child are just trying to adopt a sex toy and won’t actually love the child?

      I actually think this says a bit more about you than the gay couples in the world.

  • SSGT_Randolph

    The main goal of fundamentalist Christians seems to be to ensure that some people do not have the same rights as others.

    • Grace Kim Kwon

      The Western culture neither has sanity or morality apart from Christianity.

      • BarkingDawg

        And the eastern culture is sane?

  • BarkingDawg

    Darn that evil Bush

  • Peter Leh

    Equal protection has always been a thorn in the side of the white southern dummy.