State Preemption of Local Paid Sick Days and Nutrition and Nondiscrimination Laws: United States, February 2017
aMississippi adopted legislation in 2016 that grants special rights to citizens who hold 1 of 3 sincerely held religious beliefs or moral convictions reflecting disapproval of lesbian, gay, transgender, and unmarried persons. A Mississippi district court found the law to be unconstitutional and the case is on appeal to the 5th Circuit. If this law is upheld, inconsistent local ordinances protecting lesbian, gay, bisexual, transgender, and questioning persons from discrimination would be preempted.
bArizona has a form of “blanket” preemption. By notifying the state attorney general, a single legislator can freeze the transfer of state revenue-sharing funds to localities that adopt laws that “violate state law or the state constitution.” Arizona has also adopted individual laws preempting local paid sick days and nutrition ordinances.