Kent Malone-Bey v. Mississippi State Board of Health and Dorothy K. Young
2024-SA-00288-COA
| Miss. Ct. App. | Mar 4, 2025Background
- Kent Malone-Bey, identifying as "Moorish American," filed a petition seeking to have his birth certificate amended to state his race as "white: Asiatic/Moor."
- The official Mississippi Certificate of Live Birth does not include the race or nationality of the child—only the parents’ races are listed.
- The Lauderdale County Chancery Court denied Malone-Bey's request, stating it lacked authority to add new categories to the birth certificate.
- Malone-Bey appealed, arguing constitutional and religious rights violations.
- The Mississippi Court of Appeals reviewed the case, focusing on the statutory authority granted to the State Board of Health and the chancery court regarding amending birth certificates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to Amend Birth Certificate | Malone-Bey argued the certificate should be amended to reflect his race/nationality. | State Board argued no authority exists to add new categories to the form. | Court lacked authority to add new information not in the standard form. |
| Constitutional & Religious Rights | Malone-Bey claimed the refusal violated his religious, due process, and equal protection rights. | State Board argued everyone is treated the same under existing policy. | No constitutional violation; policy applies equally to all. |
| Discrimination | Malone-Bey claimed discrimination based on religious beliefs. | State Board argued uniform treatment; no one’s child’s race or religion is listed. | No discrimination; equal treatment. |
| Agency Decision-Making | Malone-Bey argued the court should compel the agency to accommodate his request. | State Board cited separation of administrative and judicial functions. | Courts cannot perform administrative agency functions. |
Key Cases Cited
- State Tax Comm’n v. Earnest, 627 So. 2d 313 (Miss. 1993) (courts cannot perform administrative agency functions)
- Bowen v. Roy, 476 U.S. 693 (U.S. 1986) (the Free Exercise Clause does not require government to alter internal practices to fit individual religious beliefs)