Another setback

iVillage Member
Registered: 12-16-2003
Another setback
13
Wed, 01-19-2005 - 4:23pm

From ABC 7 News:
La. Court OKs Anti-Gay Marriage Amendment
Location: NEW ORLEANS
Posted: January 19, 2005 1:05 PM EST
URL: http://www.wjla.com/news/stories/0105/201344.html





NEW ORLEANS (AP) - The Louisiana Supreme Court on Wednesday unanimously reinstated the anti-gay marriage amendment to the state constitution that was overwhelmingly approved by voters in September.

The high court reversed a state district judge's ruling in October striking down the amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject.

"Each provision of the amendment is germane to the single object of defense of marriage and constitutes an element of the plan advanced to achieve this object," the high court said.

The court's ruling puts the amendment in the constitution.

In striking down the "defense of marriage" amendment, Judge William Morvant of Baton Rouge had ruled that the amendment also prevented the state from recognizing any legal status for common-law relationships, domestic partnerships and civil unions between both gay and heterosexual couples.

Six of the justices joined in the majority opinion authored by Justice Jeanette Theriot Knoll. The seventh, Chief Justice Pascal Calogero, wrote a concurring opinion.

At issue was a provision of the amendment that stated: "A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be recognized."

Opponents had warned that the amendment went far beyond banning gay marriage and would deny contractual rights to all unmarried couples - whether gay or heterosexual - in such areas as owning property, willing it to heirs, and taking legal care of an incapacitated partner. As a result, they contended, the amendment had more than one object, and therefore could not become part of the constitution.

But the Supreme Court said the each part of the amendment is "germane to the object of `defense of marriage.'"

Eleven other states adopted similar amendments in the fall elections. President George Bush also has proposed a federal anti-gay marriage amendment.

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Kim
Check out my

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iVillage Member
Registered: 11-29-2004
Thu, 01-20-2005 - 9:43am

It's a really cool idea that I've been working on. Things have slowed down with my progress. I really need to have some backing, and will present the idea to our local make love legal organization. Not for their approval, just their suppport. Much better if I had backing? Maybe I won't present it to them, just do it and let them read about my progress.

Yes, you can be the one to video the event! Then I can meet you and Shiela too!

Question? What landmark in America, on the East coast represents the best place where American Freedom began? Philadelphia comes to my mind.

halo

hugs

halo

iVillage Member
Registered: 12-16-2004
Thu, 01-20-2005 - 12:10pm

Halo,


I would agree with Philadelphia being a place with freedom very close to its heart.

mom to 4 kids and in love with the most awesome and beautiful woman in the world!

 

iVillage Member
Registered: 03-25-2003
Thu, 01-20-2005 - 2:03pm

At issue was a provision of the amendment that stated: "A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be recognized."

Opponents had warned that the amendment went far beyond banning gay marriage and would deny contractual rights to all unmarried couples - whether gay or heterosexual - in such areas as owning property, willing it to heirs, and taking legal care of an incapacitated partner.

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There goes those "activist" judges.
Interesting. Let see how long it will take for their Court to reverse this decision once the hetero-cohabiters are affected by this.

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