NEW ORLEANS — For the first time since last summer’s U.S. Supreme Court decision knocking down part of the anti-gay Defense of Marriage Act, a federal court has ruled to uphold a state’s anti-LGBT marriage ban.
U.S. District Court Judge Martin Feldman ruled on Sept. 3 that Louisiana’s anti-LGBT state constitutional amendment does not violate the Constitution’s equal protection or due process guarantees.
“This national same-sex marriage struggle animates a clash between convictions regarding the value of state decisions reached by way of the democratic process as contrasted with personal, genuine, and sincere lifestyle choices recognition.” wrote Feldman.
The judge ruled it was not the court’s place to make or approve policy.
Louisiana’s anti-LGBT marriage ban was approved in 2004 by 78 percent of voters. Same-sex marriage, though, is now legal in 19 states and in Washington, D.C. Several cases challenging a variety of states’ bans have been heard or are pending in several circuit courts of appeal.
A conservative anti-LGBT group, the Louisiana Family Forum, welcomed Feldman’s ruling.
“This ruling confirms that the people of Louisiana — not the federal courts — have the constitutional right to decide how marriage is defined in this state,” Gene Mills, the group’s president, said in a news release.
Plaintiffs in the case say they will appeal the ruling.
“Every citizen of the United States deserves protection of their rights, uphill climb or not,” said Mary Griggs, chairwoman of Forum for Equality Louisiana.
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