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Louisiana Same-Sex Marriage Ban Upheld by Federal Judge

On Wednesday, September 3rd, Judge Martin Feldman upheld the Louisiana ban on same-sex marriage by deeming it constitutional. It is the first federal court upholding of a state’s ban on same-sex marriage since the U.S. Supreme Court squashed the federal law of marriage as defined between a man and a woman in 2013.

Background of Same-Sex Marriage in Louisiana

In 2013, the United States Supreme Court ruled that the federal government must also recognize same-sex marriages from states where same-sex marriages are permitted.

In February, the Forum of Equality Louisiana challenged the Louisiana Constitutional ban on same-sex marriages that are legally performed in the other states. While the state-court case was filed in Baton Rouge, a second case was filed in federal court, which petitioned the United States Court for the Eastern District of Louisiana to strike down Louisiana’s ban on same-sex marriages because it violates the US Constitution.

Why can’t a couple who is legally married in another state be denied the recognition of their marriage here in Louisiana?

Judge’s Ruling on Same-Sex Marriage in LA

Court documents state that “The record reveals no material dispute: the defendants have shown that Louisiana’s decision to neither permit nor recognize same-sex marriage is supported by a rational basis. Rational Basis is the lowest constitutional scrutiny. Rational basis simply means the law in question is rationally related to a legitimate governmental interest. The Court further finds that plaintiffs have failed to establish a genuine dispute regarding a First Amendment violation on this record.”

Is This the End of Debating Same-Sex Marriage in Louisiana?

Now that the federal district court has upheld the law that marriage is affirmed Louisiana’s ban on same-sex marriages, does this mean that we will never see same-sex marriage in Louisiana? No way! An appeal is already in the works. There is hope for residents of Louisiana. Is it likely the ban will be reversed? I am hopeful that over time this will be overturned.

If you have questions about your same-sex relationship, your same-sex marriage, your children or property you own, feel free to contact me. As a Power of Attorney and Estate Planning lawyer, I can counsel you on the many options available to ensure you and your partner receive same-sex couples benefits in New Orleans until the law and Louisiana constitution change the definition of marriage in Louisiana. I realize this is not the same, but it can alleviate some worries in the meantime. Feel free to call me at (504) 264-9492 for a free consultation about your same-sex rights in New Orleans.

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