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Supreme Court Refused To Block Mississippi's Discriminatory Religious Freedom Law

Supreme Court Refused To Block Mississippi's Discriminatory Religious Freedom Law”

A section of people or individual who exercise their choice should never live in a state of fear.

The federal appeals court did not rule a year ago on the constitutionality of the law, known as HB 1523; it ruled that the plaintiffs did not have standing to challenge the law.

In 2012, the Delhi High Court struck down Section 377 of IPC but it was set aside by the Supreme Court in the 2013 judgement on the grounds that it is the job of the legislature to do away with it, and it is not the job of the court to legislate.

Earlier this term, in December 2017, the justices declined to review a Texas Supreme Court ruling which found that state and local governments may be able to deny marriage benefits to LGBT public employees. "Unfortunately, the Supreme Court's decision today leaves LGBT people in MS in the crosshairs of hate and humiliation, delaying justice and equality".

On Monday, a three-judge bench headed by Chief Justice of India Dipak Misra chose to re-examine the constitutional validity of Section 377 and said the matter would be referred to a larger bench. This also has implications for heterosexuals, as consensual sexual acts of adults - oral and anal sex in private - are now treated as unnatural and punishable under Section 377 of the Indian Penal Code. "It reaffirms the Delhi High Court judgment in speaking of sexuality within the framework of constitutionality", Bhan said.

"The 5th Circuit was right to find that those opposing this law haven't been harmed and, therefore, can't try to take it down", Kevin Theriot, senior counsel at Alliance Defending Freedom, said in a statement.

Welcoming the apex court decision to review its 2013 decision on gay sex, Congress spokesperson Manish Tewari said Section 377 should be decriminalised and hoped that the government would repeal it or courts read down the article.

Last June, a three-judge panel of the Fifth Circuit Court of Appeals ruled unanimously in favor of the law, reversing a lower court decision by Judge Carlton W. Reeves blocking the law. "You can't put in jail two adults who are involved in consenting unnatural sex", Datar said and referred to a recent nine-judge bench judgment in the privacy matter to highlight the point that the right to choose a sexual partner was part of fundamental right.

The court also issued a notice to the Centre seeking its response to a writ petition filed by five members of the LGBT community. It also includes a maximum punishment of life imprisonment.



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