District Judge Defends Louisiana’s Ban on Gay Marriage…But How?

Image via Passport

Image via Passport

US District Judge Martin Feldman ruled to uphold Louisiana’s ban on marriage equality. Until yesterday, no state marriage ban had survived a federal court ruling since the US Supreme Court handed down its historic marriage decision in United States v. Windsor last summer. HRC’s Legal Director Sarah Warbelow wrote in a statement: “Today a federal district court put up a roadblock on a path constructed by twenty-one federal court rulings over the last year – a path that inevitably leads to nationwide marriage equality.  Ultimately the nine justices of the Supreme Court of the United States will be asked to decide whether committed and loving gay and lesbian couples should be denied an institution that they, themselves, have deemed a constitutional right more than a dozen times.  We firmly believe that justice will ultimately be done.”

The ruling, though, will be appealed in a US Court of Appeals for the Fifth Circuit.

Want to know how the judge could defend such a discriminating law, find out after the jump…

In his ruling, Judge Feldman suggests, “it is not for this Court to resolve the wisdom of same-sex marriage,” arguing that “fundamental social change, in this instance, is better cultivated through democratic consensus.”  He also claims that there are no fundamental rights at stake, even though the Supreme Court of the United States has determined that marriage is a fundamental right in more than a dozen cases.  Judge Feldman goes on to dismiss copious academic research demonstrating that the children of same-sex couples fair just as well as the children of opposite-sex couples.  He writes, “Louisiana’s laws and Constitution are directly related to achieving marriage’s historically preeminent purpose of linking children to their biological parent

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