Press

Harbinger of Things to Come

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Roberta Sklar, Director of Communications
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Today, a state judge in Louisiana threw out a Louisiana constitutional amendment banning gay marriage passed by voters last month, ruling that the amendment was flawed because it had more than one purpose: banning not only same sex marriage but other forms of partner recognition, such as civil unions. (The text of the amendment appears below along with an AP story on the decision.)

Statement by Matt Foreman, Executive Director
National Gay and Lesbian Task Force:

“All across the country, the forces of religious and political intolerance are trying to do the same thing they did in Louisiana — mislead voters about what's at stake. They say they are only interested in preserving marriage as a heterosexual institution. In reality, the measures they are putting forward not only seek to forbid same sex marriage, they also seek to eliminate all other forms of partner recognition, such as domestic partnerships. This is true in 8 of the 11 anti-marriage amendments on the ballot in November 2.

“Clearly, this is about more than ‘defending marriage’ (from what they cannot explain) it is about denying any protections or benefits to any kind of relationships outside of marriage. They do not care about real people’s lives — real families and their children — only their own narrow view of the world.

“We know these same forces will be back next year, but at the very least, today’s court decision means that they will not be able to again mislead voters about what’s truly at stake. We look forward to working with Equality Louisiana and its allies and beating our opponents in round 2.”

Text of the amendment approved by Louisiana voters on September 18:

“Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.”

Associated Press Coverage

Louisiana judge throws out amendment banning gay marriage
ADAM NOSSITER, Associated Press Writer

October 5, 2004 - BATON ROUGE, La. (AP) — A state judge Tuesday threw out a Louisiana constitutional amendment banning gay marriage, less than three weeks after it was overwhelmingly approved by the voters.

District Judge William Morvant said the amendment was flawed as drawn up by the Legislature because it had more than one purpose: banning not only gay marriage but also civil unions.

Michael Johnson, an attorney for supporters of the amendment, said he will appeal the ruling.

A gay rights group challenged the amendment on several grounds, arguing among other things that combining the question of gay marriage and the issue of civil unions in one ballot question violated state law.

The courts had rejected a similar argument before the Sept. 18 election, saying it was premature.

Some 78 percent of those voting favored the amendment. The vote was part of a national backlash against gay marriage, which followed last year’s Massachusetts Supreme Court ruling allowing gay couples to wed.

Proposals to restrict marriage to a man and a woman are on the ballot in November in 11 states: Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah. Missouri voters, like those in Louisiana, overwhelmingly approved such an amendment earlier this year.

The Louisiana Legislature pushed through the proposed ban this spring. Louisiana already had a law against gay marriage, but conservatives warned that unless it was put in the state constitution, a Louisiana court could one day follow the Massachusetts example.

Christian conservatives launched a vigorous grassroots campaign to secure passage.

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The mission of the National Gay and Lesbian Task Force is to build the political power of the lesbian, gay, bisexual and transgender (LGBT) community from the ground up. We do this by training activists, organizing broad-based campaigns to defeat anti-LGBT referenda and advance pro-LGBT legislation, and by building the organizational capacity of our movement. Our Policy Institute, the movement’s premier think tank, provides research and policy analysis to support the struggle for complete equality and to counter right-wing lies. As part of a broader social justice movement, we work to create a nation that respects the diversity of human expression and identity and creates opportunity for all. Headquartered in Washington, D.C., we also have offices in New York City, Los Angeles, Miami, Minneapolis and Cambridge.