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Louisiana

STATUTES

Impediment of same sex

Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.

(Louisiana Statutes Ann.- Civil Code Art. 89)

Conflict of Laws- Marriage

A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.

B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.

(Louisiana Statutes Ann.- Civil Code Art. 3520 (Title II of Book IV))

CONSTITUTION

Section 15. Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.

(Louisiana Constitution, Article XII, Section 15, adopted September 18, 2004)

LITIGATION

Forum for Equality PAC v. McKeithen

Suit challenges Louisiana's voter approved marriage amendment, Amendment 1, on grounds that it violates Article XIII, § 1(B) of the 1974 Constitution of Louisiana which requires constitutional amendments to have a single object.

Forum for Equality PAC v. New Orleans

Suit challenged Louisiana's proposed marriage amendment, Amendment 1, on several grounds including allegations that it violates inalienable rights and Article XIII, § 1(B) of the 1974 Constitution of Louisiana which requires constitutional amendments to have a single object.

 

 
     
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