Gay marriage ban goes to Louisiana supreme court
October 14 2004 12:00 AM ET
An appeals court decided Wednesday that the Louisiana supreme court should be the next stop for the state's disputed constitutional amendment banning same-sex marriage, prolonging uncertainty over whether the ban will hold. The first circuit court of appeals ruled that the state's highest court has purview over the ban since it involves a constitutional amendment.
Last week state district judge William Morvant ruled that the legislature's approval of the amendment was constitutionally flawed and that the statewide vote on it should be set aside. Voters approved the constitutional amendment 78% to 22% in the September 18 referendum, but Morvant said the measure covered two issues, a violation of the state constitution.
Besides banning same-sex marriages, Morvant said the amendment would prevent the state from conferring any legal status on common-law relationships, domestic partnerships, and civil unions of both gay and straight couples.