Posted on 10/05/2004 12:08:06 PM PDT by Crazieman
Edited on 10/05/2004 12:24:52 PM PDT by Admin Moderator. [history]
BATON ROUGE, La. (AP) - A state judge Tuesday threw out a Louisiana constitutional amendment banning gay marriage.
Judge William Morvant said the amendment - overwhelmingly approved by the voters on Sept. 18 - was flawed as drawn up by the Legislature because it had more than one purpose: banning not only gay marriage but also civil unions.
http://www.nola.com/newsflash/louisiana/index.ssf?/base/news-12/1097003044260810.xml&storylist=louisiana
BATON ROUGE, La. (AP) —— A state judge Tuesday threw out a Louisiana constitutional amendment banning same-sex marriage that was overwhelmingly approved by voters on Sept. 18.
Judge William Morvant said the amendment was flawed as drawn up by the Legislature because it had more than one purpose —— banning not only same-sex marriage but also civil unions.
State courts had rejected a similar argument before the election, saying it was premature.
Some 78 percent of those voting favored the constitutional ban on same-sex marriage, and its related prohibition against state recognition of same- and opposite-sex civil unions. The vote was part of a national groundswell against gay marriage, which followed last year's Massachusetts Supreme Court recognition of gay marriage.
The Louisiana Legislature pushed through the proposed ban in its session this spring; the proponents argued that unless it was put in the state constitution, a Louisiana court could, in theory, one day follow the Massachussetts example.
The legislators pushing the ban —— conservative Republicans like state senator John Hainkel of New Orleans and representative Steve Scalise of Metairie —— argued that state law establishing marriage as between a man and a woman wasn't enough. Christian conservatives in the state launched a vigorous grassroots campaign to ensure passage, though it hardly seemed necessary, given the high level of support the measure enjoyed anyway.
The suit by amendment opponents also cited the New Orleans election-day problems, when voting machines were delivered late in many precincts, and the argument that it should not have been on the ballot on a day when there was no statewide election.
The opponents also said they believed the amendment would affect private agreements between gay partners; the proponents dismissed those fears, saying private contracts would not be affected.
Didn't it pass like 4 to 1? I bet he threw it out on some stupid technicality of process. Otherwise he can't do it.
A constitutional amendment that passed the Legislature and passed referendum CANNOT be overturned by a state judge.
BATON ROUGE, La. (AP) - A state judge Tuesday threw out a Louisiana constitutional amendment banning gay marriage.
Judge William Morvant said the amendment - overwhelmingly approved by the voters on Sept. 18 - was flawed as drawn up by the Legislature because it had more than one purpose: banning not only gay marriage but also civil unions.
DUHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH.
Amendment Banning La. Gay Marriage Tossed
Louisiana Judge Throws Out Amendment Banning Gay Marriage, Claims It Was Flawed
The Associated Press
BATON ROUGE, La. Oct. 5, 2004 — A state judge Tuesday threw out a Louisiana constitutional amendment banning same-sex marriage that was overwhelmingly approved by voters on Sept. 18. Judge William Morvant said the amendment was flawed as drawn up by the Legislature because it had more than one purpose banning not only same-sex marriage but also civil unions.
State courts had rejected a similar argument before the election, saying it was premature.
Some 78 percent of those voting favored the constitutional ban on same-sex marriage, and its related prohibition against state recognition of same- and opposite-sex civil unions. The vote was part of a national groundswell against gay marriage, which followed last year's Massachusetts Supreme Court recognition of gay marriage.
The Louisiana Legislature pushed through the proposed ban in its session this spring; the proponents argued that unless it was put in the state constitution, a Louisiana court could, in theory, one day follow the Massachussetts example.
The legislators pushing the ban conservative Republicans like state senator John Hainkel of New Orleans and representative Steve Scalise of Metairie argued that state law establishing marriage as between a man and a woman wasn't enough. Christian conservatives in the state launched a vigorous grassroots campaign to ensure passage, though it hardly seemed necessary, given the high level of support the measure enjoyed anyway.
The suit by amendment opponents also cited the New Orleans election-day problems, when voting machines were delivered late in many precincts, and the argument that it should not have been on the ballot on a day when there was no statewide election.
The opponents also said they believed the amendment would affect private agreements between gay partners; the proponents dismissed those fears, saying private contracts would not be affected.
Are you sure that he can't overturn an amendment?
Nope. The Constitution IS the supreme law of the state. It binds judges like it binds every one else. Now we have judges declaring state constitutions "unconstitutional." What is the world coming to?
Why is this such a surprise???...As in the immortal words of Ronnie Reagan..."There you go again."....Anything ever happen to the judge in California for over turning the populace vote??..nope...same old sh&t....different day....
|
CA No. 1 (Act 926-2004), Marriage in LA - union of 1 man and 1 woman All 4,124 precincts reporting Click here for Results by Parish |
|||
|---|---|---|---|
| 619,908 | 78% | FOR | |
| 177,067 | 22% | AGAINST | Defeated |
I find it odd that they could find 20% to vote for gay marriage. I live in Mississippi and hopefully, we can do better than that in November!! This is the South, by God! This isn't Massachusetts.
Nope. He can't. He can strike down a law as unconstitutional but he can't strike down the highest law of the state itself. I hope the Louisiana Supremes take him to the woodshed.
You mean like one amendment that protects freedom of speech, the right to peaceably assemble, the freedom of the press, and the right to petition the government. Like that??? I can see why we couldn't have amendments that have more than one purpose....
</sarcasm*>
amen to that, just ask those that reside in GAYSACHUSETTS! All GAY, ALL THE TIME.
However, overturning because "the voting machines were delivered late" sounds like a crock. One must assume voting in those counties was nonetheless properly conducted.
Are you kidding?
This is ridiculous, then. A judge declares the Constitution to be unconstitutional?
Well, it would have been ridiculous either way, but especially so with it being a State judge.
A liberal judge who wants to ram gay marriage aka civil unions down Louisianans' throats over the expressed objections of 78% of the voters? Now there's something you don't see every day...
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