Lawyers for Louisiana’s Democratic governor and Republican attorney general head back to court today to argue the constitutionality of an order aimed at protecting LGBT rights in state government.
Gov. John Bel Edwards is hoping an appeals court will reinstate his executive order banning discrimination in government and state contracts based on sexual orientation and gender identity.
Edwards says a lower court judge erred in deciding he overstepped his legal authority.
Attorney General Jeff Landry filed the lawsuit challenging the order.
In December, District Court Judge Todd Hernandez ruled that Edwards’ order violated Louisiana’s constitutional separation of powers and blocked enforcement of it.
Hernandez agreed with Landry that Edwards’ order was executive overreach, unconstitutionally seeking to create state law and trying to circumvent Louisiana lawmakers who have refused to write such LGBT-rights protections into statute.
The Edwards administration says a governor has the authority to direct contract terms for the executive branch of government. It claims the order is consistent with directives issued by former governors Edwin Edwards and Kathleen Blanco.
But Edwards’ order goes further than that issued by the two prior Democratic leaders. He added language banning workplace discrimination based on gender identity, a provision that protects transgender people. Landry’s attorneys have said that term isn’t defined and could create legal problems and ambiguity for employers.
