Louisiana

Judge in Louisiana rules same-sex marriage ban is unconstitutional

Louisiana

A judge in Louisiana has ruled the state’s same-sex marriage ban is unconstitutional.

The ruling by a state judge comes in a case brought by Angela Marie Costanza and Chastity Shanelle Brewer, a same-sex couple who married in California and are seeking to have their marriage recognized in Louisiana for purposes of adoption.

It was Judge Edward Rubin’s second ruling that Costanza be allowed to adopt Brewer’s biological son and be listed as a parent on his birth certificate.

In July 2013, a state trial court dismissed the couple’s original adoption petition. Costanza and Brewer appealed that dismissal and on February 5, 2014, Rubin ruled in their favor and authorized the adoption in a separate action.

The Louisiana Attorney General appealed that ruling, the decision was vacated and remanded for a full hearing of the constitutional issues presented, including claims seeking recognition of the couple’s marriage.

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In his ruling Monday, Rubin said the ban violates the equal protection, the due process, and the full faith and credit clauses of the U.S. Constitution, reports KLFY-TV.

Rubin’s decision in a Lafayette courtroom will not be public record until Tuesday morning, but Laura Gerdes of the state Attorney General’s Office confirmed that attorneys have already begun the appeals process.

Brewer says she’s been told Monday’s ruling will be released after it’s rewritten to remove the child’s name.

Earlier this month, U.S. District Judge Martin Feldman ruled to uphold Louisiana’s ban on same-sex marriage, the first federal court ruling since the U.S. Supreme Court handed down its historic marriage decision in United States v. Windsor last summer.

Associated Press contributed to this report.
Developing story. This report will be updated.

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