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Mississippi to pay more than $400K in attorneys’ fees over unconstitutional sodomy law

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Mississippi will have to pay more than $400,000 in attorneys' fees after the attorney general's office spent years defending a sodomy law that criminalizes oral and anal sex.

The law in question — Section 97-29-59 — was deemed unconstitutional in 2003 when the ruled in the case Lawrence v. that private sexual conduct was constitutionally protected.

But Mississippi kept its sodomy law on the books, opening the door for a 2016 legal challenge that resulted in the expensive attorneys' fees.

The AGs office, under both Democrat Jim Hood and Republican Lynn Fitch, fought the class action lawsuit by the Center for Constitutional Rights and other advocacy legal , which sued on behalf of five Mississippians who were required to register as sex offenders for sodomy convictions.

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The case was finally resolved this summer when the 5th U.S. Circuit Court of Appeals reviewed and affirmed the attorneys' fees – and that Mississippi's sodomy law is unconstitutional. The deadline for the state to appeal passed earlier this month.

Yet Mississippi's “unnatural intercourse” law is still law. A state representative introduced a bill earlier this year to repeal it, but it received no attention and died in committee. And according to an attorney who worked on the lawsuit, there are still 14 people on the Mississippi Sex Offender Registry who were solely convicted under that law.

They could sue at any time, said the attorney, Matthew Strugar, and put the state on the hook for even more fees.

“They could file a lawsuit tomorrow,” Strugar said. “And given what the Fifth Circuit has said about the law being unconstitutional, it should be an easy win for those people.”

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A spokesperson for the AGs office said Fitch does not have the authority to these 14 Mississippians from the registry. Mississippi code requires sex offenders to petition a circuit court in order to be from the registry.

Because the state's unconstitutional sodomy law does not distinguish between consensual and nonconsensual sex, the circumstances that led to the convictions of the 14 Mississippians aren't immediately known.

Rep. Jeramey Anderson, D-Escatawpa, said he did not expect his bill to repeal the sodomy law to go anywhere because leadership has prioritized passing laws that harm, not help, the state's LGBTQ+ community. He has introduced the same bill three times since 2018; it has died in committee each time.

“I mean, the legislative within itself is built for a small group of people from one side of the political spectrum,” he said. “In an ideal world, yes, I would love to have a meeting with leadership about this issue, whether that's with the chair or whether that's with the speaker.”

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Anderson doesn't have much hope that'll happen even though he plans to reintroduce the bill next year.

“Because of the legislation (that's) being pushed, it's a waste of time to do that,” he said. “I'd rather introduce the bill and have some pressure put on by folks outside the Capitol. That's where the rubber meets the road.”

Buttressing the lack of action on this law in Mississippi, legal experts on sodomy laws say, is the U.S. Supreme Court that overturned Roe v. Wade last year. In his concurring opinion, Justice Clarence Thomas wrote the court should reconsider other cases like Lawrence that deal with privacy rights.

“And probably for some states that means they'll be reluctant to repeal it,” Gregory Nevins, a lawyer at Lambda Legal, told the New York Times. “As we saw, there were a lot of old abortion laws on the books that got dusted off after Dobbs.”

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When Lawrence was decided in 2003, Mississippi was one of 13 states that still enforced a sodomy law banning consensual, non-procreative sex between adults. Strugar and the Center for Constitutional Rights brought lawsuits against a handful of these states, including Mississippi.

In some states, the lawsuit led to change. In South Carolina, the state settled shortly after a similar lawsuit was brought, removing people who were convicted under the state's “buggery” law from its sex offender registry. So did Idaho.

Not in Mississippi. No other state fought his lawsuit as long or as hard as Mississippi did, Strugar said.

“We tried to reason with them and not file a lawsuit whereby the state of Mississippi would end up having to pay all this money,” he said. “They didn't want to budge, so we had to do what we had to do.”

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Mississippi's law dates back to the early 1800s and bans oral and anal sex between consenting adults as well as bestiality.

It reads: “Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the penitentiary for a term of not more than ten years.”

Anyone who is convicted of one offense under this law is put on the sex offender registry for 25 years, after which time they can petition for removal. But two convictions result in a lifetime registration. And coming off the list is a rare feat: As of 2018, only four people had ever successfully petitioned for removal, according to the lawsuit.

The law primarily targeted poor and Black Mississippians, Strugar said. Their status on the registry imposed harsh burdens, preventing them from getting jobs, providing crucial care to their kids and even from going to public campgrounds or parks — places “where minor children congregate,” the complaint says.

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There were two ways that Mississippians who were plaintiffs in the lawsuit ended up on the registry. The first, which applied to one plaintiff named “Arthur Doe,” was a conviction under the “unnatural intercourse” law in Mississippi. The second scenario involved people who had moved to Mississippi from where they had been convicted under that state's law that criminalized solicitation of sodomy.

Even though Mississippi does not criminalize solicitation of sodomy, the state still required these people to register as a sex offender — simply because the act of oral and anal sex is a registerable offense in Mississippi.

“We tried to negotiate with them for months,” Strugar said. “They refused to budge. They refused to take people off the registry. They were like, ‘well, that was Texas' law the Supreme Court ruled on, not ours.”

“That's a wild way to think about it,” he added, because Mississippi's law is nearly identical to the Texas law that was ruled unconstitutional.

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The lawsuit wound through the courts for years. In 2018, the AGs office agreed to a partial settlement to remove the people with Louisiana convictions from the registry.

But there was a wrinkle: U.S. District Judge Carlton Reeves required Arthur Doe to have his petition heard in state court before the federal lawsuit could be resolved.

By then, Fitch had taken over the case. Strugar said Fitch's office never settled with Arthur Doe, but his federal claims were ultimately dismissed by Reeves after the Hinds County Circuit Court vacated his conviction thus removing him from the registry.

But most of the responsibility for the attorneys' fees lies with Hood, Strugar said. When he brought the lawsuit, Strugar said he'd heard complaints from people in Mississippi that it was a bad look for Hood, who was contemplating a run for governor.

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“They said, ‘oh, you liberal folks, Jim Hood is the only we've got for statewide office, his case could look bad for him,'” Strugar said. “Then you shouldn't fight it.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

Federal panel prescribes new mental health strategy to curb maternal deaths

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For help, call or text the National Maternal Mental Health Hotline at 1-833-TLC-MAMA (1-833-852-6262) or contact the 988 Suicide & Crisis Lifeline by dialing or texting “988.” Spanish-language services are also available.

BRIDGEPORT, Conn. — Milagros Aquino was trying to find a new place to and had been struggling to get used to new foods after she moved to Bridgeport from Peru with her husband and young son in 2023.

When Aquino, now 31, got pregnant in May 2023, “instantly everything got so much worse than before,” she said. “I was so sad and lying in bed all day. I was really lost and just surviving.”

Aquino has lots of company.

Perinatal depression affects as many as 20% of women in the United States during pregnancy, the postpartum period, or both, according to studies. In some states, anxiety or depression afflicts nearly a quarter of new mothers or pregnant women.

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Many women in the U.S. go untreated because there is no widely deployed system to screen for mental illness in mothers, despite widespread recommendations to do so. Experts say the lack of screening has driven higher rates of mental illness, suicide, and drug overdoses that are now the leading causes of death in the first year after a woman gives birth.

“This is a systemic issue, a medical issue, and a human rights issue,” said Lindsay R. Standeven, a perinatal psychiatrist and the clinical and education director of the Johns Hopkins Reproductive Mental Health Center.

Standeven said the root causes of the problem include racial and socioeconomic disparities in maternal care and a lack of support systems for new mothers. She also pointed a finger at a shortage of mental health professionals, insufficient maternal mental health training for providers, and insufficient reimbursement for mental health services. Finally, Standeven said, the problem is exacerbated by the absence of national maternity policies, and the access to weapons.

Those factors helped drive a 105% increase in postpartum depression from 2010 to 2021, according to the American Journal of Obstetrics & Gynecology.

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For Aquino, it wasn't until the last weeks of her pregnancy, when she signed up for acupuncture to relieve her stress, that a social worker helped her get care through the Emme Coalition, which connects girls and women with financial help, mental health counseling services, and other resources.

Mothers diagnosed with perinatal depression or anxiety during or after pregnancy are at about three times the risk of suicidal behavior and six times the risk of suicide compared with mothers without a mood disorder, according to recent U.S. and international studies in JAMA Network Open and The BMJ.

The toll of the maternal mental health crisis is particularly acute in rural communities that have become maternity care deserts, as small hospitals close their labor and delivery units because of plummeting birth rates, or because of financial or staffing issues.

This week, the Maternal Mental Health Task Force — co-led by the Office on Women's Health and the Substance Abuse and Mental Health Services Administration and formed in September to respond to the problem — recommended creating maternity care centers that could serve as hubs of integrated care and birthing facilities by building upon the services and personnel already in communities.

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The task force will soon determine what portions of the plan will require congressional action and to implement and what will be “low-hanging fruit,” said Joy Burkhard, a member of the task force and the executive director of the nonprofit Policy Center for Maternal Mental Health.

Burkhard said equitable access to care is essential. The task force recommended that federal officials identify areas where maternity centers should be placed based on data identifying the underserved. “Rural America,” she said, “is first and foremost.”

There are shortages of care in “unlikely areas,” including Los Angeles County, where some maternity wards have recently closed, said Burkhard. Urban areas that are underserved would also be eligible to get the new centers.

“All that mothers are asking for is maternity care that makes sense. Right now, none of that exists,” she said.

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Several pilot programs are designed to help struggling mothers by training and equipping midwives and doulas, people who provide guidance and support to the mothers of newborns.

In Montana, rates of maternal depression before, during, and after pregnancy are higher than the national average. From 2017 to 2020, approximately 15% of mothers experienced postpartum depression and 27% experienced perinatal depression, according to the Montana Pregnancy Risk Assessment Monitoring System. The state had the sixth-highest maternal mortality rate in the country in 2019, when it received a federal grant to begin training doulas.

To date, the program has trained 108 doulas, many of whom are Native American. Native Americans make up 6.6% of Montana's population. Indigenous people, particularly those in rural areas, have twice the national rate of severe maternal morbidity and mortality compared with white women, according to a study in Obstetrics and Gynecology.

Stephanie Fitch, grant at Montana Obstetrics & Maternal Support at Billings Clinic, said training doulas “has the potential to counter systemic barriers that disproportionately impact our tribal communities and improve overall community health.”

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Twelve states and Washington, D.C., have coverage for doula care, according to the National Health Law Program. They are California, Florida, Maryland, , Michigan, Minnesota, Nevada, New Jersey, Oklahoma, Oregon, Rhode Island, and Virginia. Medicaid pays for about 41% of births in the U.S., according to the Centers for Disease Control and Prevention.

Jacqueline Carrizo, a doula assigned to Aquino through the Emme Coalition, played an important role in Aquino's recovery. Aquino said she couldn't have imagined going through such a “dark time alone.” With Carrizo's support, “I could make it,” she said.

Genetic and environmental factors, or a past mental health disorder, can increase the risk of depression or anxiety during pregnancy. But mood disorders can happen to anyone.

Teresa Martinez, 30, of Price, Utah, had struggled with anxiety and infertility for years before she conceived her first child. The joy and relief of giving birth to her son in 2012 were short-lived.

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Without warning, “a dark cloud came over me,” she said.

Martinez was afraid to tell her husband. “As a woman, you feel so much pressure and you don't want that stigma of not being a good mom,” she said.

In recent years, programs around the country have started to help recognize mothers' mood disorders and learn how to help them before any harm is done.

One of the most successful is the Massachusetts Child Psychiatry Access Program for Moms, which began a decade ago and has since spread to 29 states. The program, supported by federal and state funding, provides tools and training for physicians and other providers to screen and identify disorders, triage patients, and offer treatment options.

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But the expansion of maternal mental health programs is taking place amid sparse resources in much of rural America. Many programs across the country have out of money.

The federal task force proposed that Congress fund and create consultation programs similar to the one in Massachusetts, but not to replace the ones already in place, said Burkhard.

In April, Missouri became the latest state to adopt the Massachusetts model. Women on Medicaid in Missouri are 10 times as likely to die within one year of pregnancy as those with private insurance. From 2018 through 2020, an average of 70 Missouri women died each year while pregnant or within one year of giving birth, according to state government statistics.

Wendy Ell, executive director of the Maternal Health Access in Missouri, called her service a “lifesaving resource” that is and easy to access for any health care provider in the state who sees patients in the perinatal period.

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About 50 health care providers have signed up for Ell's program since it began. Within 30 minutes of a request, the providers can consult over the phone with one of three perinatal psychiatrists. But while the doctors can get help from the psychiatrists, mental health resources for patients are not as readily available.

The task force called for federal funding to train more mental health providers and place them in high-need areas like Missouri. The task force also recommended training and certifying a more diverse workforce of community mental health workers, patient navigators, doulas, and peer support specialists in areas where they are most needed.

A new voluntary curriculum in reproductive psychiatry is designed to help psychiatry residents, fellows, and mental health practitioners who may have little or no training or education about the management of psychiatric illness in the perinatal period. A small study found that the curriculum significantly improved psychiatrists' ability to treat perinatal women with mental illness, said Standeven, who contributed to the training program and is one of the study's authors.

Nancy Byatt, a perinatal psychiatrist at the University of Massachusetts Chan School of Medicine who led the launch of the Massachusetts Child Psychiatry Access Program for Moms in 2014, said there is still a lot of work to do.

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“I think that the most important thing is that we have made a lot of progress and, in that sense, I am kind of hopeful,” Byatt said.

Cheryl Platzman Weinstock's reporting is supported by a grant from the National Institute for Health Care Management Foundation. KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

New law gives state board power to probe officer misconduct

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mississippitoday.org – Jerry Mitchell – 2024-05-16 10:59:23

The 's officer certification and training board now has the power to investigate law enforcement misconduct.

Gov. Tate Reeves signed the bill making it official.

Public Safety Commissioner Sean Tindell, who pushed for the legislation, said that House Bill 691 authorizes the Board of Law Enforcement Officer Standards and Training “to launch its own investigations into officer misconduct. This change, along with the to hire two investigators, will improve the board's ability to ensure officer professionalism and standards.”

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The new law in the wake of an investigation by the Mississippi Center for Investigative at and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption.

Tindell said the new law will “improve law-enforcement training in Mississippi by requiring all law enforcement to receive continuing training throughout an officer's career.”

Under that law, deputies, sheriffs and state law enforcement officers will join police officers in the requirement to have up to 24 hours of continuing education training. Those who fail to train could lose their certifications.

Other changes will take place as well. Each year, the licensing board will have to on its activities to the and the governor. 

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Tindell thanked Reeves “for signing this important piece of legislation and the legislative leaders who supported its passage, including the author of HB 691, Representative Fred Shanks.”

Shanks, R-Brandon, praised the “team effort with some very smart people who want a top-notch law enforcement community.”

The new law creates a 13-member board with the governor having six appointments – two police chiefs, two sheriffs, a district attorney and the director of the Mississippi Law Enforcement Officers' Training Academy.

Other members would include the attorney general or a designee, the director of the , the public safety commissioner and the presidents of the Mississippi Association of Chiefs of Police, the Mississippi Constable Association, the Mississippi Campus Law Enforcement Association and the Mississippi Sheriffs' Association (or their designees).

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“We obviously need checks and balances on how law enforcement officers conduct themselves,” said state Sen. John Horhn, D-. “This is a good first step.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawmakers punt to next year efforts to expand college aid for low-income Mississippians

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mississippitoday.org – Molly Minta – 2024-05-16 09:49:59

A bill to open a college financial aid program for the first time ever to who are adult, part-time and very low-income students fell to the wayside in a legislative session dominated by fights over Medicaid and K-12 .

The effort to expand the Mississippi Tuition Assistance Grant, called MTAG, died in conference after it was removed from House Bill 765, legislation to provide financial assistance to teachers in critical shortage areas. The Senate had attached MTAG's code sections to that bill in an attempt to keep the expansion alive. 

This takes Jennifer Rogers, the director of the Mississippi Office of Student Financial Aid, back to the drawing board after years of championing legislation to modernize the way the helps Mississippians pay for college. 

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“At the end of the day, there was no appetite to spend any additional money on student financial aid,” Rogers said. “Obviously, I'm disappointed.” 

All told, the original proposal would have resulted in the state spending upwards of $30 million extra each year, almost doubling OSFA's roughly $50 million budget. 

The increase derived from two aspects of the proposal: An estimated 37,000 Mississippians who have never been eligible for college financial aid would have become eligible to it, and the scholarship amounts would have increased. 

While college students from millionaire families can get MTAG, the state's poorest students are not eligible, Mississippi previously reported. 

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READ MORE: College financial aid program designed to exclude Mississippi's poorest students has helped children of millionaires

Rep. Kent McCarty, R-Hattiesburg, said he supports efforts to low-income Mississippians afford college, but that HB 765 was not an appropriate vehicle to do so because it was not an appropriations bill. Attempting to expand MTAG through that legislation would have put the original subject of HB 765, the Mississippi Critical Teachers Shortage Act, at risk.

“We didn't feel it was appropriate to include an appropriation in a bill that had not been through the appropriations ,” he said.

McCarty, a member of the House Universities and Colleges Committee, added that he is in favor of changing MTAG and doesn't understand the logic behind excluding from state financial aid Mississippi college students who receive a full federal Pell Grant, meaning they from the state's poorest families.

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“What is the purpose of financial aid? To aid those who need financial aid,” he said. “Excluding a group of students because they're eligible for other financial aid doesn't make a lot of sense to me.”

Ultimately, the Mississippi House deemed the proposal too expensive. It never passed out of that chamber's Appropriations Committee. 

READ MORE: ‘A thing called money:' Bill to expand financial aid stalled after House lawmakers balk at price tag

Rogers said she plans to work with lawmakers to convince them that it is a good use of state dollars to invest in financial aid. She added that the support of the business community helped keep the bill alive as long as it did this session. The Mississippi Economic Council supported the legislation. 

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“I don't understand why there is such a hesitancy to invest more in the future workforce of the state,” she said. “I don't understand why there isn't a willingness to invest in student financial aid as a way to help more Mississippians complete meaningful certificates or degrees, valuable certificates or degrees and improve the quality of the workforce.” 

Senate Education Committee Chairman Dennis DeBar, R-Leakesville, told that he hopes to take a closer look at MTAG this summer, noting that the Senate's version of the proposal, which also included a last-dollar tuition scholarship, was a priority of the lieutenant governor on last year's campaign trail.

“We had so many issues last session,” DeBar said. “Hopefully there won't be as many next year so we can just focus this year and get it across the finish line.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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