Supreme Court to review 2013 verdict that upheld Section 377
- Author: Sonia Alvarado Jan 09, 2018,
Jan 09, 2018, 1:54
The plea seeking decriminalisation of homosexuality or gay sex between two consenting adults was referred to a larger bench by the apex court on Monday.
It is the "worst" law in the nation, according to some LGBT groups, who were hoping the Supreme Court would strike it down. It came into force in October. "We could have gone to court on privacy grounds". Later, the Supreme Court overturned the decision in 2012.
The law was enacted in April 2016. The petitioners said they live in constant fear of police action due to their sexual preferences. Gay sex is punishable by up to 10 years jail. Colorado is aiming to bolster gay rights by enforcing an anti-discrimination law, even though the Denver-area baker says he has a religious objection to same-sex marriage. "The stigma itself of targeting LGBT people and saying that if you don't like them, you don't have to deal with them, is unsafe and harmful".
The United States Supreme Court declined to hear appeals on two lawsuits aimed at striking down a MS law that allows businesses to refuse to service same-sex weddings.
A demonstrator protests ahead of oral arguments in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case at the Supreme Court in Washington, U.S., December 5, 2017.
The Mississippi law, by contrast, gives priority to religious rights. "We would have to go back and start over again when we are able to articulate and show the particular ways this law is hurting people".
"A section of people or individuals who exercise their choice should never remain in a state of fear".
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It could also impact bathroom policies for transgender people.
The BJP also said it welcomes the decision. "For instance, business owners in MS can already refuse to bake a cake for a gay couple without breaking the law".
Despite this setback for LGBTQ supporters, there are still many legal challenges waiting for the religious freedom law.
"The law.was responsible for recent bad news for the Southern Miss baseball team". For his part, New York Governor Andrew Cuomo issued an executive order a year ago banning non-essential state travel to Mississippi.
One of the most high-profile cases in front of the Supreme Court this term covers similar issues.
In a similar vein, the justices are now resolving a case from Colorado, involving a Christian baker who declined to produce a custom wedding cake for a same-sex couple. As NPR's Nina Totenberg has reported, a decision is expected by June.