A Louisiana state court ruled Monday that the state’s gay marriage ban was unconstitutional. That opinion was originally sealed because the case involved the adoption of a minor child, but the ruling was released to the public Tuesday.
Judge Edward Rubin, writing for the 15th Judicial District Court in Lafayette Parish, ruled that a lesbian couple who had been legally married in California should be considered legally married in Louisiana. The decision was based on the law’s violations of the guarantees of equal protection and due process under the 14th Amendment, as well as conflicts with the Full Faith and Credit Clause of the U.S. Constitution.
This ruling could mean big changes in the gay marriage landscape for Louisiana residents.
The court also cited two Supreme Court cases from the 1930s and 1940s to support the argument that “local policy must at times be required to give way” in the face of the federal system. Judge Rubin ordered Louisiana to recognize the couple’s California marriage as legal and allow the non-biological parent to adopt her wife’s child.
Again, this decision applies only in Lafayette Parish, but The Associated Press reports that the state attorney general will appeal the decision to the state Supreme Court.
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