Gay Primary Source

Tuesday, September 23, 2014

Louisiana Court Strikes Down State Ban on Same-Sex Marriage

"... This court acknowledges that in deciding an equal protection claim, the Supreme Court recognizes that the 14th Amendment does not deny states the power to treat different classes of people in different ways. However, the statute which created different classes by treating some people different must be related to the objective of that statute. We find in this case that Louisiana’s laws banning same-sex marriage is entirely unrelated to the objective of those statutes. Therefore the court finds that the state’s laws prohibiting the petitioners’ same-sex marriage and the adoption of --- are due to the sole reason that this couple is of the same gender, and thus those laws are arbitrary, capricious, discriminatory, and unrelated to any legitimate state interest...

The court... hereby declares that La. Const. Article XII, Section 15 (the Defense of Marriage Act/DOMA), and La. Civil Code Articles 86, 89, and 3520(B) are unconstitutional because they violate the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution and Article IV, Section 1, the Full Faith and Credit Clause, of the United States Constitution. Louisiana’s Revenue Bulletin No. 13-024 (9/13/13) is likewise declared unconstitutional as it violates the petitioners’ rights guaranteed by the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution. Hence,... the Secretary of the State of Louisiana Department of Revenue, is hereby ordered to... allow the petitioners to file their state tax returns as a couple whose marriage is valid and recognized in Louisiana... The court hereby enjoins the State from enforcing the above referenced laws to the extent that these laws prohibit a person from marrying another person of the same sex..."

Judge Edward D. Rubin, 15th Judicial District Court, Parish of Lafayette, September 22, 2014.

     click here to read entire decision (not quite primary source)

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