Louisiana Judge Rules Gay Marriage Ban Unconstitutional

Update: 12:42 PM EST

A judge in Louisiana on Monday struck down the state’s gay marriage ban, declaring that it violates the Constitution’s guarantee of equal protection, due process and “full faith and credit” between states.

State Judge Edward D. Rubin ruled Monday in favor of a lesbian couple’s petition to both be recognized as their son’s parents, holding that “Louisiana cannot define and regulate marriage to the extent that it infringes upon the constitutional rights of its petitioners.”

“This court finds that there is no rational connection between Louisiana’s laws prohibiting same sex marriage and its goals of linking children to intact families formed by their biological parents,” he wrote.

Buddy Caldwell, Louisiana’s Republican attorney general, plans to appeal the ruling.

The case was brought by a lesbian couple, Angela Costanza and Chasity Brewer, who legally married in California and wanted their union recognized by the state of Louisiana. They wanted to both be recognized as legal parents of Brewer’s biological son, conceived through a sperm donor.

Rubin added: “Lest we forget, there was a time in America’s history when gays and lesbians were not permitted to even associate in public. Many in this country held a deep seated hatred for the lifestyle of gays, lesbians, bisexuals etc.”

The decision was celebrated by same-sex marriage advocates.

“Yesterday’s ruling is about progress,” said the group Equality Louisiana, “and while we know that those who are committed to standing on the wrong side of history will certainly fight this judgment, we look forward to vigorously supporting yesterday’s ruling and winning the conversation and legal battles that will lead us to a more equal Louisiana.”

Judge Rubin – Louisiana Marriage Ruling

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