Mississippi is the latest battle line in the fight for gay marriage.
A lawsuit is seeking to strike down the state’s ban on same-sex marriage, which could allow gay couples to wed as soon as this week.
Carla Webb and Joce Pritchett are among those who filed the lawsuit. They met and fell in love 11 years ago in Jackson. Last year, Carla surprised Joce with a September wedding in Maine.
“Sept. 7, right? I’m terrible with dates. She has to remind me,” Pritchett said.
“I do,” Webb said.
Pritchett and Webb have a 6-year-old daughter and 2-year-old son. In Mississippi, their marriage in Maine is not recognized. They said that’s a threat to their family.
“When there’s nothing in writing, or that legally protects your kids from other people, it’s a frightening way to live,” Pritchett said.
The couple said fertility doctors in Mississippi refused to treat them, so an out-of-state fertility specialist transferred Webb’s eggs to Pritchett, who gave birth to the children.
“We didn’t understand at the time that when I carried them, that makes them legally mine, according to the state of Mississippi,” Pritchett said. “So they’re Carla’s biological children, but she has no legal rights to them at all.”
The couple wants the option for Webb to legally adopt her children.
A federal judge will hold a hearing Wednesday that could be historic for gay rights in Mississippi.
“The best case scenario is that he agrees with us that the laws should be struck down and that he allows his decision to take effect immediately,” said Rob McDuff, attorney for the plaintiffs.
Attorneys said a ruling in favor of the plaintiffs would force the state to recognize same-sex marriages performed out of state. It would also make it legal for gay couples to marry.
16 WAPT’s Keegan Foxx interviews Carla Webb and Joce Pritchett.
Gay rights advocate Eddie Outlaw is hosting a reception Wednesday night, after the hearing. He said he’ll have officiants on-hand ready to perform a marriage ceremony, just in case.
“There will be people on-hand, ready, and if our county clerks are prepared to issue marriage licenses that day (gay) people will marry in Mississippi,” Outlaw said.
Both Gov. Phil Bryant and Attorney General Jim Hood are defendants in the lawsuit.
“The governor took an oath of office to defend the Constitution of the state of Mississippi and that’s what he intends to do,” said Knox Graham, a spokesman for the governor.
Jan Schaeffer, Hood’s spokeswoman, said the attorney general’s “court filings will speak for us.”
Several outcomes are possible Wednesday. But no matter what happens, marriage equality could be forced on Mississippi because the state is part of the Fifth Circuit Court of Appeals, along with Texas and Louisiana, and both states have pending appeals regarding same-sex marriages. Those cases will be heard the week of Jan. 5.
“Once there is a decision in the Fifth Circuit, in either the Louisiana case or the Texas case, or our case if it makes it there by that time, that decision will govern all three states,” McDuff said.
Webb and Pritchett said it’s a bit scary being the first to take this legal step in Mississippi, but it’s for the sake of their family.
“This is our family and we’re a loving family, and I think we’re loving people,” Webb said. “We just want to take care of our family. We don’t want to make other people do things they don’t want to do.”
Instapoll 16: Should same-sex marriage be legal in Mississippi? Cast your vote by calling or texting 601-980-4416 and entering “1” for yes or “2” for no.
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