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04/26/2024 10:34:49 am

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Federal Judge Upholds Same-Sex Marriage Ban In Louisiana

Ban on gay marriage

(Photo : Reuters) Literature and gifts displayed by opponents of same-sex marriage during a Republican Leadership Conference in New Orleans in 2011.

A federal judge in Louisiana became the first to break the streak of victories achieved by same-sex marriage advocates since the U.S. Supreme Court struck down the federal Defense of Marriage Act in June 2013. In a decision laid down on Wednesday, U.S. District Judge Martin Feldman upheld the state's ban on same-sex marriage.

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In his decision, Feldman recognized that his ruling goes against majority of the decisions striking down the ban. "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," he surmised. Nevertheless, the federal judge insisted on the rectitude of his stand against gay marriage, which has held by same-sex marriage advocates as violative of the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.

Feldman identified two major arguments in his ruling. First, the federal judge pointed out that the Supreme Court never issued a ruling providing federal protected class status with respect to sexual orientation. Second, he averred that his ruling had nothing to do with enmity towards homosexuals. In addition, Feldman stated that the same-sex marriage advocates unsuccessfully proved that the ban violates their constitutional rights to due process and equal protection.

In accordance with his decision, Feldman stated that Louisiana has a legitimate interest in characterizing marriage to be only between a man and a woman. He also agreed that the state attorneys were correct in claiming that states have the right to define marriage. "This Court is persuaded that Louisiana has a legitimate interest ... whether obsolete in the opinion of some, or not, in the opinion of others," the federal judge wrote, "in linking children to an intact family formed by their two biological parents." Moreover Feldman believes that despite the revolutionary change in the mindset of citizens, any right to gay marriage is "not yet so entrenched as to be fundamental".

A spokesperson for the Forum on Equality disclosed that the plaintiffs will appeal the federal judge's decision to the 5th U.S. Circuit Court of Appeal.

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