They wouldn’t admit it, but some Republican state officials probably don’t mind having Jim Hood as attorney general. At least that seems to be the case in a current controversy over whether to allow a gay couple to hold what they call a commitment ceremony at the Mississippi Agriculture and Forestry Museum.
Same-sex marriage is against the law in Mississippi, so this isn’t a wedding. But apparently it’s the next closest thing.
A similar ceremony in the past had been denied, but the Southern Poverty Law Center now says it will sue the state if officials don’t allow Ceara Sturgis, 20, and her partner, Emily Key, 19, to hold a ceremony this fall.
Agriculture Commissioner Cindy Hyde- Smith said in a statement that samesex ceremonies are against her religion, but Hood’s office has advised her nothing in state law prevents it from taking place.
Hyde-
Smith promises she’ll begin working with lawmakers and other state officials to clearly define what activities can take place at the museum in the future.
Gov. Phil Bryant and Lt. Gov. Tate Reeves, who seldom miss an opportunity to bash Hood, the only Democrat holding a statewide office, both say the AG’s ruling goes against the will of the majority of Mississippians. That’s no doubt true, but since when did the majority view in Mississippi trump federal law?
Hood, who is no novice himself at reading public opinion, said in a statement:
“The federal courts have clearly said that no state can prohibit any individual from using a state-owned facility to express his or her First Amendment rights. To do so would place the state in serious legal jeopardy and result in Mississippi taxpayers paying the plaintiff ’s lawyers tens of thousands of dollars in attorneys’ fees.
“We may not like what the federal courts have decided, but it would have been a lost cause to fight the case.”
Hood’s advice sounds reasonable.
Hyde-Smith appears inclined to follow it, despite a recently passed law, signed by Bryant, allowing any statewide elected official or state agency to hire a private attorney if they think the attorney general’s office isn’t providing sufficient legal representation.
It’s better politically in some cases, though, to follow Hood’s advice and then blame him for it. Cheaper, too. Hiring private lawyers to fight this battle would be futile and expensive.
— Enterprise-Journal of McComb, Miss.
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