Mississippi and LGBT rights: A journey

Posted on Nov 8 2013 - 12:23pm by Sean Higgins

Last week, Jon Stewart’s “The Daily Show” had an interesting contest between Alabama and Mississippi. The competition was to see which state could be the most homophobic toward a “fake” gay couple that was being filmed by Stewart’s crew.

However, the show took an interesting turn when Alabamans had no reactions to two men holding hands in downtown Birmingham. In fact, one man even approached the “couple” and said, “Y’all are the most punk rock gay couple I’ve ever seen in my life, dude. That’s cool as (expletive), man,” offering a fist bump to each member of the couple.

The couple got treated similarly by a photo booth worker at the Mississippi State Fair. So what does this mean? Are Mississippi and Alabama progressive on gay rights? Hardly. Although “The Daily Show” segment was hilarious (I encourage you to watch it), it doesn’t accurately portray the climate toward LGBT folks in the two featured states.

Mississippi in particular has a troubled history with gay rights. According to CNN data, Mississippi voters in 2004 passed an amendment to the state constitution banning same-sex marriage. An overwhelming 86 percent of voters approved the discriminatory measure. What were the consequences? According to Williams Institute analysis of the 2010 Census, there are 3,484 same-sex couples in the state that are prohibited from marrying. I would guess that number is only growing.

The good news is that support for marriage equality is growing in our state. Recent polling from the Williams Institute suggests that 34 percent of Mississippians support same-sex marriage. The trend is similar but once again strides behind the national curve. But if we want any progress on gay rights in this state, we must elect public officials who are compassionate and supportive of the LGBT community as a whole.

Unfortunately, elected Mississippi officials have shown hostility toward the LGBT community in their words and actions. Gov. Phil Bryant is currently ordering the Mississippi National Guard to defy U.S. Secretary of Defense Chuck Hagel’s order that states provide ID cards to allow same-sex spouses of military members to claim benefits. Gov. Bryant and the Mississippi National Guard insist they are following the Mississippi Constitution, apparently unaware of the most fundamental principle of United States government: federal law trumps state law if the two conflict.

Why is Gov. Bryant going out of his way to make life harder for gay people in Mississippi? His mean-spirited obstruction not only defies the United States Constitution, the Supreme Court ruling in United States v. Windsor and his oath of office, but also has real-life consequences for same-sex couples in this state.

Both Sen. Thad Cochran and Sen. Roger Wicker voted against the Employment Non-Discrimination Act, which — if passed by the House — will protect LGBT individuals from being fired due to their sexual orientation or gender identity. The bill even included a broad exemption for religious institutions. But apparently that wasn’t enough. Do Sens. Wicker and Cochran think it’s acceptable to fire an employee based on race? One doesn’t choose his or her sexual orientation, just as one doesn’t choose his or her race. Race is protected under workplace discrimination laws, and sexual orientation should be as well.

Mississippi has undoubtedly made progress toward greater acceptance of LGBT residents of our state. But that progress now has to translate into policy. We need to elect senators, representatives, governors and mayors who believe in equality and fairness for all Mississippians. We need to repeal our amendment to the Mississippi Constitution that banned the freedom to marry. We need to legalize gay adoption because same-sex couples can raise a family just as a heterosexual couple can.

I hope I’m alive to see the day we all have the freedom to marry who we love in Mississippi. The Hospitality State should be hospitable for LGBT folks, too.

Sean Higgins is a junior political science major from Brookings, S.D.