Wednesday, September 3, 2014

Louisiana: Federal judge rules against marriage equality for first time since Jun 2013


Today, U.S. District Court Judge Martin Feldman has become the first federal judge since June of 2013 to rule against marriage equality in a case filed in Louisiana regarding the state's ban on same-sex marriage.

From Judge Feldman's ruling:

“It would no doubt be celebrated to be in the company of the near-unanimity of the many other federal courts that have spoken to this pressing issue, if this Court were confident in the belief that those cases provide a correct guide.”

Feldman maintained that there is no "fundamental right" to marriage:  “Public attitude might be becoming more diverse, but any right to same-sex marriage is not yet so entrenched as to be fundamental.”

Chris Geidner from Buzzfeed points to this from Judge Feldman:

This Court is persuaded that Louisiana has a legitimate interest…whether obsolete in the opinion of some, or not, in the opinion of others…in linking children to an intact family formed by their two biological parents, as specifically underscored by Justice Kennedy in Windsor.

Despite the decision he authored, Feldman noted that “many other courts will have an opportunity to take up the issue of same-sex marriage; courts of appeals and, at some point, the U.S. Supreme Court. The decision of this Court is but one studied decision among many.”

Evan Wolfson of Freedom To Marry issued this statement: "We've won nearly all of the 40 state and federal marriage cases this year. Today's Louisiana loss is a reminder that we're not done. The loss is why couples should not have to fight state by state, case by case, year by year. It's time for the Supreme Court to rule nationwide."

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