Louisiana judge strikes down state ban on marriage equality
A state judge in Louisiana ruled that the state’s ban on marriage equality is unconstitutional, the New Orleans Times-Picayune reported on Monday.
However, Fifteenth Judicial District Court Judge Edward Rubin’s ruling, which was sealed until Tuesday morning, does not give same-sex couples the right to marry, since Rubin did not order clerks to issue marriage licenses.
KLFY-TV reported that Rubin determined that the law, which was approved by voters in 2004, violates the due process and equal protection clauses of the Fourteenth Amendment.
According to KATC-TV, Rubin ruled in favor of Angela Marie Costanza and Chasity Shanelle, who asked state officials to recognize their marriage certificate, which they obtained in California. The ruling was reportedly sealed because the case concerns “the adoption of a minor child.”
Attorney General Buddy Caldwell is likely to request a stay on Rubin’s ruling, which would delay the state from recognizing any same-sex marriages while the case goes through the appeals process.
Monday’s ruling comes 19 days after a federal judge, U.S. District Court Judge Martin Feldman, upheld the state ban. Feldman stated in his ruling that “public attitude might be becoming more diverse, but any right to same-sex marriage is not yet so entrenched as to be fundamental.”