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Legal battle continues over Louisiana same-sex marriage ban amendment
Series of appeals may lead issue to Louisiana Supreme Court
Published Thursday, 26-Aug-2004 in issue 870
NEW ORLEANS (AP) – The legal battle over an amendment that would ban same-sex marriage in Louisiana headed to appellate courts and will likely wind up before the state Supreme Court, lawyers in the case said.
John Rawls, a lawyer who filed suits to keep the amendment off the Sept. 18 ballot, said he was pleased by a judge’s ruling Aug. 20 that said the amendment must not go to the voters. But Rawls said the matter is far from resolved.
“I am cautious because there are still two courts to go,” Rawls said.
State lawyers argued before a state civil district judge that the public should be allowed to vote on the amendment. Assistant Attorney General Roy Mongrue said he expected the 4th Circuit Court of Appeal in New Orleans to overturn Judge Christopher Bruno, who ruled that it would be unconstitutional to allow the amendment on the ballot.
“The arguments that we made are such that the court should reverse [Bruno’s] decision,” Mongrue said.
However those courts rule, Rawls said further appeals will almost certainly mean the Louisiana Supreme Court will decide whether the amendment will appear on the ballot.
Louisiana law already bans same-sex marriages, but the amendment banning same-sex marriage sailed through the Legislature this year. Supporters of the amendment say they want to further protect the idea that a marriage must be between a man and a woman.
Bruno ruled that the amendment was unconstitutional because it addressed more than one issue and would appear on a ballot that was not on a statewide election date.
Plaintiffs testified that the amendment could invalidate custody rights and contracts.
Supporters of the amendment say the measure does not necessarily jeopardize contracts.
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