Campaign For Southern Equality, v. Mississippi Department Of Human Services

175 F.Supp. 3d 691 (2016)

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Nature of the Case

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Facts

Mississippi Code section 93-17-3(5) states simply: 'Adoption by couples of the same gender is prohibited.' Ps challenge that statute under the Due Process and Equal Protection Clauses of the United States Constitution. Two of the couples seek a private adoption involving the biological child of one of the partners. The others desire adoption through Mississippi's foster-care system. The parties filed the following motions that are now before the Court: (1) the Motion for Preliminary Injunction filed by Ps; (2) the Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by DHS (D); (3) the Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim filed by Ds; and (4) Ds' Motion to Dismiss the Ps' First Amended Complaint for Lack of Subject Matter Jurisdiction.