A court challenge to the recently approved Louisiana constitutional amendment outlawing same-sex marriages and civil unions was filed Friday and will be tried on Tuesday in Baton Rouge, an opponent of the amendment said. Randy Evans, a lawyer supporting gay rights, said the lawsuit revives several issues rejected by state courts as premature before the September 18 election. They include the contention that the amendment was illegally adopted by the legislature because it included more than one purpose--banning civil unions as well as marriages--and that it was illegally placed on the ballot for a day when there was not a statewide election already scheduled. It also mentions problems with the election in New Orleans, where voting machines were delivered late at many precincts. And it states that the state election code itself is constitutionally flawed because it does not allow for a challenge to placing a "blatantly unconstitutional" proposal on the ballot until after the issue has been approved. The lawsuit was filed in Baton Rouge and will be heard Tuesday by state district judge William Morvant, Evans said. He added that the lawsuit does not challenge the amendment on various U.S. constitutional issues, such as the equal protection clause. "Those are reserved for another day," Evans said. The marriage amendment passed with 78% of the vote and is scheduled to take effect on October 18.
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