Judge Halts Louisiana Same Sex Amendment

[Fire Fly]

http://www.cnn.com/2004/LAW/08/21/la.sa ... index.html

Judge halts Louisiana same-sex vote

Saturday, August 21, 2004 Posted: 9:17 AM EDT (1317 GMT)

NEW ORLEANS, Louisiana (AP) -- A state judge ruled late Friday that a proposed constitutional amendment banning same-sex marriages and civil unions is unconstitutional and must be taken off the September 18 ballot.

Civil District Court Judge Christopher Bruno said the proposed amendment is unconstitutional because it addresses more than one issue and would appear on a ballot that was not on a statewide election date.

Several cases involving the proposals are circulating through various courts. The issue is likely to be resolved at the state Supreme Court, according to legal observers.

Bruno agreed with opponents of the amendment that it illegally focuses on multiple objectives -- not just outlawing gay marriages but also civil unions and other legal relationships that bestow "the incidents of marriage."

Jeanne LeBlanc, a plaintiff, testified earlier Friday before Bruno that her custody rights to her lesbian partner's two children would be put in question if the amendment passes. Her partner, Jean Glass, has a will in which the custody of her 1- and 4-year-old sons passes to LeBlanc if Glass is unable to take care of the children, LeBlanc said.

Should the amendment pass, LeBlanc said outside court, "it could happen that a family member comes along and says, 'No, I'm not letting a lesbian take care of this child."'

John Sullivan, a lawyer who specializes in drawing up documents for unmarried couples, testified that a plethora of contracts he handles could be invalidated if the amendment passes.

Supporters of the amendment, which sailed through the Louisiana Legislature, say the measure's language does not necessarily jeopardize such contracts.

"All of this is pure speculation and a judge has not ruled on it yet," said J. Michael Johnson, a lawyer for the conservative Alliance Defense Fund.

"The issue before the court is a legal issue and that is: Is this proposed amendment lawfully installed on the ballot? And do the people have a right to vote on this? And the answer clearly is 'yes' to both," Johnson said.

Woo hoo!! Louisana is filled with some smart people after all who do care about the Constitution!

[Crazy Goji]

You see, we may be fucked up and backwards, but we aren't completely fucked up and backwards!

[RedImperator]

Actually, what's going on is that the judge is preventing this from appearing on the ballot because it violated the procedure for amending the Louisiana state constitution as prescribed in that document. A constitutional amendment, by definition, cannot be unconsitutional (unless a state amendment violates the Federal Constitution), but the ballot initiative to amend the constitution can be. In simpler terms, it got thrown out on a technicality.

[Wicked Pilot]

Woo hoo!! Louisana is filled with some smart people after all who do care about the Constitution!

I don't think filled is the appropiate word. The correct term is sprinkled.

[BlkbrryTheGreat]

Woo hoo!! Louisana is filled with some smart people after all who do care about the Constitution!

I don't think filled is the appropiate word. The correct term is sprinkled.

To be fair, they can't be all that smart if they're living in Lousiana in the first place....

[Ma Deuce]

To be fair, they can't be all that smart if they're living in Lousiana in the first place....

Einy will sodomize you for that .

[Einhander Sn0m4n]

Victory! The Fundy Nazis will be back, I'm sure, but victory nonetheless.

To be fair, they can't be all that smart if they're living in Lousiana in the first place....

Einy will sodomize you for that .

Shall I? Hmm....

I think I shall. </Chip And/Or Dale>


CHALLENGE: Blackberry, name one thing specific to Louisiana that makes someone stupid for living there. Don't tell me 'Hurricanes'; we have ways of dealing with those, plus they're a risk everyone from the mouth of the Rio Grande to Maine takes.

You have 24 hours starting now (0250hours CDT).

[LordShaithis]

Just because there are other reeking fundamentalist shitholes (Alabama, anyone?) doesn't mean you're not stupid for living in this one.

[Einhander Sn0m4n]

Just because there are other reeking fundamentalist shitholes (Alabama, anyone?) doesn't mean you're not stupid for living in this one.

So suddenly people are stupid just because of where they happen to be living at that moment? Why are you not VIed yet, cuntface?

[Wicked Pilot]

To be fair, they can't be all that smart if they're living in Lousiana in the first place....

That's why I will never voluntarily move back. But not everybody's got that option. Somebody's gotta keep the refineries and ports running you know.

[LordShaithis]

So suddenly people are stupid just because of where they happen to be living at that moment? Why are you not VIed yet, cuntface?

Go look at Blkbrry's post, which has been quoted repeatedly. The (joking) assertion about intelligence vs living in Lousiana is his. So go get lynched by a hillbilly, shithead.

[Durandal]

Oh Christ, Einy, go take some medicine or something. And Prawn, stop egging him on.