The struggle for marriage equality is not dead in Louisiana

The struggle for marriage equality is not dead in Louisiana

By Philip Petersen

Guest Columnist

Last week’s Circuit Court ruling in New Orleans came as an unpleasant shock to LGBT people and their allies. For the first time since the defeat of DOMA last year, a Federal Circuit Court decided to uphold a state constitutional ban on same-sex marriage. While this case may have an immediate impact on future rulings, it does not mean defeat for the LGBT rights movement, only a possible change in strategy for this state, or more likely, a battle in the Supreme Court.

While this is terrible for couples seeking marriage and family in this state who now find themselves in legal limbo, the 9th Circuit Court’s decision will most likely have no impact on states that have already legalized same-sex marriage. The decisions made by those courts were based on previous cases (Loving, Lawrence, and last year’s DOMA case, among others) and on the rational basis of a ban on same-sex marriage. Virtually every argument against recognizing same-sex marriage has already been defeated in the courts.

The only remaining argument comes from Justice Scalia’s dissenting opinion in the DOMA case; that most of these bans were democratically passed by voters themselves. This “will of the people” argument is crucial to the 9th Circuit Court’s decision on Louisiana’s anti-marriage amendment. However, public opinion has shifted greatly in the twelve short years since the law was enacted. The Human Rights Campaign reports a majority of Louisianans now supporting some form of recognition for same-sex couples. I highly doubt anti-LGBT groups would like to put the amendment up for a second vote.

If anything, this case may give other Circuit courts incentive to rule in favor of discriminatory laws. That kind of lack of legal consensus will only force the hand of the Supreme Court, which may happen very soon. Until then, the LGBT rights movement in Louisiana needs to find new ways to challenge anti-marriage laws in our home state. Either in the State Legislature or through the courts (I feel like the Full-Faith and Credit Clause may apply here). We must remember we are fighting for the dignity of our friends and family in the LGBT community who only want to live fulfilling lives like everyone else. Until the day comes when any responsible couple can have a family, we cannot afford to stop challenging discrimination.