WASHINGTON (ABP) — Just three weeks after Louisiana voters overwhelmingly approved a provision banning gay marriage, a state judge has negated it, saying the amendment itself is written in a way that violates the state's constitution.
Judge William Morvant of the state's 19th Judicial District Court ruled Oct. 5 that the amendment violates a provision of the Louisiana Constitution that requires amendments to have no more than one purpose. Since the amendment bans not only same-sex marriage but also “civil unions” and other marriage-like legal arrangements for gay couples, Morvant said, it does not pass constitutional muster.
Morvant's ruling came in a lawsuit that a gay-rights group filed, challenging the amendment's constitutionality. Louisiana voters approved the amendment by a 78-to-22-percent margin Sept. 18.
Organizations that oppose gay rights expressed outrage over Morvant's decision, calling it another example of “judicial activists” overturning democratic actions.
“We have judges acting in arrogance to usurp the actions of the legislature and deny the voters of Louisiana, who voted overwhelmingly to support the protection of marriage,” said Tony Perkins, president of the Washington-based Family Research Council, in a statement released shortly after the decision. “The legislature understands, and the people understand, that both civil unions and same-sex marriage undermine the institution of marriage and jeopardize the future of our children.”
But gay-rights supporters reacted with equally vehement support for the decision, taking care to point out that district judgeships in Louisiana are popularly elected positions.
“Judge Morvant's action today keeps discrimination out of the Louisiana Constitution,” said Cheryl Jacques, president of the Human Rights Campaign, in a statement. “These amendments deny American families basic rights, responsibilities and protections. They are a political attempt to use some families as a wedge in the upcoming elections and would deny couples the most basic legal protections to care for one another.”
The Louisiana vote to ban gay marriage followed a similar vote in Missouri earlier this year. As many as 10 other states are expected to vote this fall on whether to amend state constitutions to ban same-sex marriages. The House and Senate have both voted against a similar amendment to the federal Constitution.
The issue of same-sex marriage has come to a head in the past year, since the Massachusetts Supreme Judicial Court ordered that state's officials to begin issuing marriage licenses to same-sex couples. In May, Massachusetts became the first state in the United States to wed gay couples legally.
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