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Louisiana's Ban on Gay Marriage Struck Down

A Lafayette judge Monday ruled Louisiana's ban on same-sex marriage unconstitutional. But Attorney General Buddy Caldwell plans to appeal the decision directly to the Louisiana Supreme Court, a Caldwell spokesperson said.

A Lafayette judge Monday ruled Louisiana's ban on same-sex marriage unconstitutional. But Attorney General Buddy Caldwell plans to appeal the decision directly to the Louisiana Supreme Court, a Caldwell spokesperson said.

 

Details of the ruling by Judge Edward Rubin of the 15th Judicial District Court weren't immediately known because it was sealed. Caldwell's office said the judgement is likely sealed because it involves adoption issues.

 

People close to the case said they think Rubin invalidated the ban for violating the due process and equal protection clauses of the 14th Amendment to the U.S. Constitution. Representatives for the plaintiff's attorney, Joshua Guillory, said he could not comment until the ruling is unsealed.

 

KATC television said the lawsuit was filed by Angela Marie Costanza and Chasity Shanelle Brewer. The couple was legally married in California but sued because Louisiana does not recognize the marriage.

 

Rubin's ruling doesn't mean same-sex couples may marry in Louisiana. The court would first have to order clerks to issue marriage licenses, which has not happened. Typically such rulings have been given stays of enforcement until the litigation works its way through the appeals process.

Caroline Cournoyer is GOVERNING's senior web editor.