Louisiana Judge Upholds Gay Marriage Ban

On Wednesday a federal judge in Louisianan upheld a state ban on same-sex marriage, writing that “any right to same-sex marriage is not yet so entrenched as to be fundamental,” and that gay marriage was “inconceivable until very recently.” 

In his ruling U.S. District Judge Martin Feldman stated that the regulation of marriage was left up to the states and the democratic process; that no fundamental right was being violated by the ban; and “[Louisiana] has a legitimate interest . . . whether obsolete in the opinion of some, or not, in the opinion of others . . . in linking children to an intact family formed by their two biological parents.”

This ruling runs counter to other federal decisions across the country in recent months.  Since the Supreme Court struck down a portion of the federal Defense of Marriage act last year, there have been a total of twenty-one consecutive federal court decisions finding that same-sex marriage bands were unconstitutional. 

The case, Robicheaux v. Caldwell, was brought by the Forum for Equality, a Louisiana based gay rights group, and seven same-sex couples seeking to have their marriages validated in the state. 

See Ryan J. Reilly, Louisiana Gay Marriage Ban Upheld By Federal Judge, Huffington Post, Sept. 3, 2014.

See also Campell Robertson, Federal Judge, Bucking Trend, Affirms Ban on Same-Sex Marriages in Louisiana, The New York Times, Sept. 3, 2014.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.