Over the past several years, state Supreme Courts have ruled repeatedly against the Constitutionality of state bans on same-sex marriage. However, a ruling on September 3 out of Louisiana departed from that trend and decisively supported a local gay marriage ban.
What Happened in Louisiana, and Why Was It Different?
Many state courts have determined that gay marriage bans violate Section 1 of the United States Constitution’s 14th Amendment, specifically the Equal Protection Clause.
The 14th Amendment’s Equal Protection Clause
This section says:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Other courts have struck down statewide bans on gay marriage as unconstitutional, arguing that such bans deny certain people, particularly gay citizens, equal protection.
Louisiana’s Departure from the Trend
In the recent Louisiana decision, United States District Judge Martin Feldman upheld the ban, suggesting it was in line with public opinion. His arguments in defense of the decision included:
- Federal protected class status does not extend to sexual orientation.
- State bans on same-sex marriage are not based in animosity or hatred.
- The State of Louisiana has an interest in keeping children with their biological parents.
- “Social change” issues, such as marriage rights, should be decided democratically rather than through the courts.
How Will this Decision Affect the Gay Marriage Debate?
It is unclear how the Louisiana court’s decision will impact the gay marriage debate at the national and state levels. Family law lawyers in Alexandria, VA, and beyond are watching closely. With similar pending cases in Oklahoma, Virginia, Utah, Indiana, and Wisconsin, both sides of the debate are waiting to see if other state courts will use this case as a model.
However, the U.S. Supreme Court’s 2013 overturning of a portion of the Defense of Marriage Act (DOMA) and growing public support for same-sex marriage may indicate that the tides have shifted in favor of equal legal standing for all couples.
Need Legal Assistance for Same-Sex Marriage Matters?
If you need assistance with a same-sex domestic or family-related legal matter, the D.C. family law attorneys at DiPietro Family Law Group, PLLC can work with you to resolve your matter. Call us today at (888) 530-4374 to arrange a consultation.
