In February, we discussed that the gay rights group, The Forum of Equality Louisiana, was challenging the Louisiana Constitutional prohibition against same-sex marriages that are legally performed in the United States, outside of Louisiana. This was brought to the state court in Baton Rouge.
This morning, Wednesday, June 25th, a judge in New Orleans is hearing arguments on the same question.
Shouldn’t couples who are legally wed in another state be recognized as a married couple here in the state of Louisiana, regardless of whether they are married to someone of the same sex or not?
Federal Issues of Same-Sex Marriages are Brought Locally
In a case that started in the New York system, United States v. Windsor, the justices of the Supreme Court ruled 5-4 that the federal government must recognize same-sex marriages that were established in states that legally accept this type of union. Therefore, the six couples that made up The Forum of Equality Louisiana that sued the state argued that Louisiana must legally recognize their marriages based on the decision in the Windsor case. The argument by the state’s attorneys is that the federal court affirmed that it is the states’ rights to define marriage and Louisiana defines marriage between a man and a woman. It is now up to the U.S. District Judge Martin Feldman, who is here in New Orleans, to decide how to interpret the Windsor case. Does Louisiana get to limit marriage to relationships between a man and a woman, or is Louisiana legally obligated to recognize any union created in a state that allows same-sex marriages?
What Does Louisiana Have to Lose?
The fact that attorneys from the state of Louisiana are arguing that the state defines a marriage as between a man and a woman, and cannot legally recognize those unions between two persons of the same sex, creates a lot of questions in my head. What does the state of Louisiana have to lose if they recognize these marriages? Their dignity? Their stance on religion? Or money?
Apparently, if Louisiana does recognize these marriages, then it will have to allow same-sex couples to file joint income tax returns, to have their names appear on birth certificates of children or to allow adoption of children as a couple. Couples who reside in Louisiana and are currently legally married in other states and are raising children, are unable to claim themselves as a two person household. Their tax burdens are different. They have different inheritance laws. New Orleans attorney, Scott Spivey, put it simply that they are “relegated to the unstable position of being in a second-tier marriage.” This is basically treating humans as second class citizens.
Louisiana’s Side of the Story
The state of Louisiana argues that these couples, whether same-sex or not, can legally arrange their affairs by contract with an estates attorney or similar. Although this is true, and I have arranged these types of contracts for couples of the same sex, it is an ethical and social issue that needs to be addressed until it is recognized. Does the state of Louisiana realize that the contracts are seen as a consolation prize to those loving couples who do not understand what the difference is between their loving marriage and another couple’s marriage who happens to be of a man and a woman? Will the Federal District Judge finally understand that the Windsor case was ruled in favor of anyone having the opportunity to have their marriage recognized by the state in which they reside? Should Louisiana continue to not recognize these couples, they could see a serious backlash especially from the city of New Orleans where the gay and lesbian communities thrive?
If you have any further questions about your relationship, your marriage, your children or your property, feel free to contact me. As a Power of Attorney and Estates lawyer, I can present you your options to ensure you and your partner receive same-sex couples benefits in New Orleans until Louisiana can turn around on their stance on same-sex marriage. Feel free to call me at (504) 264-9492 for a free consultation about your same-sex rights in New Orleans.
