I, along with many of my friends and colleagues, often wonder if we would have had the courage to stand on the side of civil rights in Mississippi during the dark days of racial oppression. Anyone born after 1960 came of age after the major battles of the civil rights era had been fought. We did not live under institutional segregation and state-sponsored discrimination. Therefore, we are left to speculate as to whether we would have helped to bend the moral arc of the universe towards justice or whether we would have acquiesced to the status quo of bigotry and hatred. As a former Supreme Court justice in Mississippi, many social issues of importance have come across my table. I have always ruled with an even hand and a steady eye on the law.
Many older Mississippians are ashamed they did not speak up for justice and equality when they had an opportunity. Too many stayed silent in the face of injustice. After all, it is easier to look away than it is to stand up to the powerful forces of oppression.
Today, the debate on civil rights is no longer an academic one. Mississippians, young and old, are, once again, confronted with state-sponsored discrimination in the form of House Bill 1523. Where we stand on this law tells us a lot about where we would have stood during the trying times of the civil rights era. The fight against House Bill 1523 is the civil rights battle of this generation. It is an opportunity for young Mississippians to stand against discrimination and bigotry, and it is an opportunity for older Mississippians to atone for their silence in years past.
As a former Supreme Court justice and former member of the state Legislature, I watched in horror as Mississippi’s current elected officials put their stamp of approval on this blatantly discriminatory and clearly unconstitutional legislation. If it is not stopped, the law will go into effect on July 1.
House Bill 1523 is a bill that authorizes discrimination against gay and transgender people. The bill on its face treats the marriages of same-sex couples differently than the marriages of everyone else. It relegates same-sex couples to “skim milk” marriages that are less protected and less worthy of recognition than the marriages of everyone else.
House Bill 1523 also authorizes discrimination against transgender people in different-sex marriages by allowing would-be discriminators to disregard a transgender person’s identity and treat the marriage as an inferior “same-sex marriage.” In particular, House Bill 1523 authorizes discrimination against transgender people that would clearly violate the 14th Amendment, the Establishment Clause, Title IX, the Affordable Care Act and many other federal laws.
This bill and others like it are nothing more than thinly veiled attempts to discriminate against already marginalized groups in our society, which as a whole is entirely un-American.
We’re not the only state that has passed or tried to pass harmful measures that target people based upon sexual identity. North Carolina and Tennessee have recently passed bills that also authorize discrimination against gay and transgender people. Many other states have proposed measures — nearly 200 in fact — though thankfully most of them have died because lawmakers,
businesses, public figures and the general public increasingly understand that discrimination is bad for everyone.
Last year, the Supreme Court of the United States was crystal clear in the Obergefell marriage ruling: States must provide “the same legal treatment” to married same-sex couples that they provide to the marriages of different-sex couples.
Based upon this clear precedent, a lawsuit has been filed against the Office of Vital Records on behalf of several individuals harmed by the law. By suing the Registrar of Vital Records, we can stop this discrimination now, before the law goes into effect.
As a seventh-generation Mississippian, I am going to stand firmly against discrimination and bigotry, especially when it is sanctioned by the state and its elected representatives. I will not be silent when my brothers and sisters are being persecuted. I am proud to speak up for those who are treated as separate and unequal simply because of who they love. I will continue to stand up and speak out to ensure all people, including gay and transgender individuals, are afforded equal rights under the law.
This is the civil rights battle of our generation. Now is the time to oppose discrimination. We must seize this opportunity to denounce bigotry. I ask all of my fellow citizens to stand with me in this fight for equality and justice.
Oliver Diaz, former presiding justice on the Mississippi Supreme Court, is co-counsel for ACLU of Mississippi v. Judy Moulder, the federal lawsuit challenging House Bill 1523.
