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Louisiana Ruling Ends Pro-Gay Marriage Streak

09-08-2014
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A federal judge in Louisiana has upheld the state's marriage amendment, saying that states have the right to define marriage.

It's the first federal court victory for traditional marriage in more than a year, breaking a string of 20-plus court wins for gay marriage supporters since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act in June 2013.

U.S. District Judge Martin Feldman said that same-sex marriage advocates failed to prove that the Louisiana amendment violates equal protection or due process provisions of the U.S. Constitution.

He also rejected their contention that the amendment violates the First Amendment by effectively forcing legally married gay couples to state that they are single on Louisiana income tax returns.

The state of Louisiana argued that the Supreme Court decision upholds the rights of state voters and legislatures to define marriage and that the federal government must recognize the right of the states to do so. Feldman sided with the state.

Byron Babione, senior counsel for Alliance Defending Freedom, a conservative non-profit legal organization, applauded Feldman's decision. 

"The district court in this case was right to conclude, as the U.S. Supreme Court did in its Windsor decision last year, that marriage law is the business of the states," Babione said.

Forum for Equality Louisiana spokesman John Hill says an appeal is planned.

Louisiana voters adopted their marriage amendment in 2004 with a statewide vote of 78 percent.  It defines marriage as a union between one man and one woman.

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