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Catholic World News News Feature

Louisiana Supreme Court backs marriage amendment January 19, 2005

A state constitutional amendment protecting marriage and approved by voters in September was unanimously reinstated by the Louisiana Supreme Court on Wednesday. A lower court judge had struck it down on the grounds that it dealt with more than one subject, a violation of the state constitution.

The Supreme Court rejected the judge's ruling saying, "Each provision of the amendment is germane to the single object of defense of marriage." More than 78 percent of Louisiana voters approved the measure in September. Louisiana was joined by 11 other states that approved similar amendments in November.

One of the provisions of the amendment says, "A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be recognized." Judge William Morvant had ruled that the sentence would prevent the state from recognizing common-law relationships, "domestic partnerships," and civil unions between gay or heterosexual couples. But the Supreme Court rejected that argument and said the amendment would not stop unmarried couples from entering into any number of legal relationships, such as buying property together, making medical decisions for each other, or including each other in wills.

"This makes it clear that marriage will remain a sacred union between a man and a woman, and removes the ability of activist judges from changing that definition," Republican state Rep. Steve Scalise said.