La. Couple Files Federal Marriage Lawsuit

By Julie Bolcer

Two Louisiana men filed a lawsuit in federal court in April charging that the state's constitutional amendment against same-sex marriage violates their equal protection and due process rights guaranteed under the U.S. Constitution, reports The [ New Orleans] Times-Picayune .

Kristoffer Bonilla, 34, and John Thomas Wray, 18, argue that they were turned away from the Orleans Parish marriage license office on April 2 solely because they were both men. Louisiana voters overwhelmingly approved a state constitutional amendment in 2004 that defines marriage as a union between one man and one woman.

Bonilla, a law school graduate who is not yet a practicing attorney, drafted the lawsuit before they applied for the license, with the expectation that their request would be rejected. The seven-page lawsuit, which was filed in April, names the director of the Orleans Parish marriage license office; the state registrar of vital records and statistics; the state secretary of the department of health and hospitals, and the state attorney general.

According to the Times-Picayune, the lawsuit filed by Bonilla and Wray says that the state has "permanently deprived them of the ability to sanctify their committed relationship and to exercise all of the rights and benefits attendant to marriage."

In May prominent attorneys Ted Olson and David Boies filed a federal lawsuit in Los Angeles seeking to overturn Proposition 8.

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Name: Kristoffer J. Bonilla
Date posted: 7/3/2009 9:05:00 PM
Hometown: New Orleans, La.

Comment:
To Paul: Have faith. I'm well-versed in Constitutional Law and have been practicing advocacy since I was 14 years old. I've read every relevant case, law review article and book related to the subject. I'm highly motivated because the fight is personal. Finally,I can't do any worse than the practicing attorneys have done so far ... Think positively. To Philip: 1. You're guilty of the same logical fallacy embraced by opponents to marriage equality. You've made a claim without a warrant. Why exactly are these federal cases so dangerous? If you know politics, the law and the Supreme Court, you should be able to explain why. 2. See note to Paul. To EVERYONE: Stop being so negative. We're on the threshold of major change ... Now is the time to think positively and SUPPORT those trying to effect change.
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Name: Philip
Date posted: 7/1/2009 2:44:00 PM
Hometown: Sacramento, CA

Comment:
These cases in federal court are so dangerous. If you understand politics, the law, and Supreme Court you understand why.
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Name: Philip
Date posted: 7/1/2009 2:44:00 PM
Hometown: Sacramento, CA

Comment:
These cases in federal court are so dangerous. If you understand politics, the law, and Supreme Court you understand why.
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Name: Rich
Date posted: 7/1/2009 1:50:00 PM
Hometown: Greenwich, NY

Comment:
Beth---The Supreme Court of the United States is a separate branch of government...the President has no control over what cases they choose to hear or not hear. Weren't you paying attention during Civics class in High School? Sure we're disappointed with the slow pace of change, but you can't blame Obama over something he has no control over....
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Name: Beth
Date posted: 7/1/2009 11:53:00 AM
Hometown: Philly

Comment:
You have to commend them for trying - but I can't imagine this is going to fly. I'm sure Obama will just ask the supreme court not to hear the case if it makes it that far. Horray for our "fierce advocate!!!"
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Name: Ginelle
Date posted: 7/1/2009 11:45:00 AM
Hometown: British Columbia, Canada

Comment:
Kudos to Kristoffer Bonilla and John Wray for their courage to stand up to the insane constitutional amendment of 2004 banning their right to marry because they are both men. These so called constitutional amendments that these states pass, only serve to create an atmosphere of inequality which is not conducive to the American dream of life, liberty and the pursuit of happiness for all. It will be interesting to follow Mr. Bonilla's and Mr. Wray's story on this issue, perhaps all the way to the Supreme Court. And maybe for other couples seeking marriage, this just may be the route you might want to follow as well! It worked in Canada, it could work in the United States.
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Name: paul
Date posted: 7/1/2009 11:14:00 AM
Hometown: kansas City

Comment:
a federal lawsuit filed by a non-practicing law school graduate? This does not bode well for the suit.

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