The Oct. 6 decision by the U.S. Supreme court not to hear the same-sex marriage cases from the New Orleans-based 5th Circuit Court of Appeals as well as other appeals courts around the country had widespread ramifications for same-sex couples seeking the right to marry. However, Louisiana same-sex couples waiting to tie the knot shouldn’t buy the wedding cake just yet. While gay couples in states from Idaho to North Carolina began saying their vows shortly after the Supreme Court decision, our state remains in limbo.
Same-sex marriage is still banned by Louisiana’s constitution. That ban has been upheld by a federal judge. This was the only case in which a federal court ruled against proponents of gay marriage. These proponents prevailed in over 20 other federal cases across the country.
However, a lawsuit challenging that ban can still move forward. An attorney with the Forum for Equality says that the group will continue to fight the ban until it “enters the dustbin of history, where it belongs.”
With 11 federal appeals courts in this country, if the ruling of just one conservative court — which the 5th Circuit is considered — creates a split in the law, the U.S. Supreme Court may no longer be able to continue to send the issue back to the federal courts. The justices may have to rule once and for all whether same-sex marriage should be legal in the United States.
While the issue is still being decided in Louisiana, same-sex couples living here, whether legally married in other states or not yet married, may still have family law issues. These can involve children, inheritances, powers of attorney and much more. Louisiana family law attorneys can assist with these, regardless of the legal status of their relationship.
Source: Nola.com, “Gay marriage in Louisiana remains banned after Supreme Court denies appeals” Andy Grimm, Oct. 06, 2014