Americans for Marriage Equality

State ResourcesLouisiana

Status: Constitutional amendment banning marriage equality.

In Robicheaux v. Caldwell, two same-sex couples, represented by private counsel, are challenging Louisiana's marriage ban in federal court. The plaintiffs argue that denying them recognition of their out-of-state marriage violates their rights to due process and equal protection under the U.S. Constitution. In November 2013, the court dismissed the case for lack of jurisdiction, concluding that they had not been denied recognition by the named defendant (the Attorney General of Louisiana). Plaintiffs have appealed that decision to the U.S. Court of Appeals for the Fifth Circuit. In the meantime, they have also re-filed their case in trial court with a new defendant.  Argument held was held June 25, 2014 in district court, where the presiding judge indicated he desired further briefing in order to reach all issues related to the state’s ban on marriage equality.

In Constanza and Brewer v .Caldwell, a same-sex couple with a California marriage, represented by private counsel, is challenging Louisiana's marriage ban and the state's refusal to recognize their marriage in state court. The plaintiffs argue that the ban violates the equal protection and due process guarantees of the U.S. Constitution, in addition to the Full Faith and Credit Clause. The plaintiffs' case was dismissed in September 2013 and they have appealed that decision to an intermediate appellate court.

In Forum for Equality Louisiana v. Barfield, four same-sex couples, represented by private counsel, are challenging Louisiana's ban on same-sex marriage. The plaintiffs argue that denying them recognition of their out-of-state marriage violates the U.S. Constitution, including their rights to due process and equal protection. The complaint was filed on February 12, 2014, and is awaiting a response from the state.