By Brian Blackwell, Message Staff Writer
NEW ORLEANS – After more than 20 consecutive losses in the federal courts, traditional marriage finally posted a win on Wednesday.
U.S. District Judge Martin Feldman ruled in New Orleans on Wednesday that Louisiana’s ban on same-sex marriage can stand. The ruling is the first time a ban in a state on lesbian and gay marriages has been upheld since the Supreme Court ruled against part of the federal Defense of Marriage Act in 2013.
“The Court find that Louisiana’s definition of marriage as between one man and one woman and the limitation on recognition of same-sex marriages permitted by law in other states found in Article XII, Section 15 of the Louisiana Constitution and article 3520(B) of the Louisiana Civil Code do not infringe the guarantees of the Equal Protection and Due Process Clauses of the United States Constitution,” Feldman wrote in his summary judgment. “The record reveals no material dispute: the defendants have shown that Louisiana’s decision to neither permit nor recognize same-sex marriage, formed in the arena of the democratic process, is supported by a rational basis. The Court further finds that plaintiffs have failed to establish a genuine dispute regarding a First Amendment violation on this record.”
In June, Shreveport attorney Mike Johnson and his legal team presented oral arguments in federal district court in New Orleans on behalf of the state explaining why Louisiana’s Defense of Marriage Amendment should be upheld.
Johnson, who is a member of First Baptist Bossier City, La., and operates a legal ministry called Freedom Guard, successfully defended the amendment a decade ago against its original challenge at the state Supreme Court. In 2004, 78 percent of voters in Louisiana voted in favor of Louisiana’s Defense of Marriage Constitutional Amendment. Louisiana is one of 31 states that has chosen not to recognize same-sex marriage.
“The decision today is precisely correct,” Johnson said. “The Court has merely affirmed that it is the people of each state who have the authority to define and regulate marriage within their borders—rather than a handful of unelected federal judges. We believe the US Supreme Court will ultimately uphold this important principle.”
Steve Horn, president of the Louisiana Baptist Convention and pastor of First Baptist Church in Lafayette, La., said about the ruling, “We can be thankful for the decision, but we need to be careful as to how we celebrate. We still have a lot of ground to recover regarding the sanctity of all marriages.
“Regarding same sex- marriage, this is really not a very difficult question once we decide that we are going to be people who believe and follow the Bible,” Horn continued. “However, as believers in Christ and in God’s Word, we must admit that we have an unbiblical view of marriage on many other fronts. Adulterous relationships and cohabitation before marriage are also violations of keeping marriage pure and holy. Whereas these issues will not receive the same attention in the political and legal arenas of our culture, they must receive equal attention from our pulpits.”
“Every citizen of the United States deserves protection of their rights, uphill climb or not,” Mary Griggs, chairwoman of Forum for Equality Louisiana, told the Associated Press.
Gene Mills, who serves as president of the Louisiana Family Forum that champions causes of faith, freedom and traditional families, praised Feldman’s ruling.
“This ruling confirms the people of Louisiana – not the federal courts – have the constitutional right to decide how marriage is defined in this state,” Mills said in a press release.
However, gay marriage supporters voiced disappointment in Wednesday’s ruling.
Despite the ruling in favor of traditional marriage supporters, the victory could be short-lived if the decision is reversed in the 5th U.S. Circuit Court of Appeals, which already has an appeal before it by the state of Texas. A federal judge ruled in February against Texas’ ban on gay marriage.
However, Johnson is confident the decision will stand.
“We are very confident that the federal Fifth Circuit will uphold the district court’s well-reasoned opinion,” Johnson said. “This is ultimately a state’s rights issue, and Judge Feldman got it precisely right.”