Ruling to come on whether La. must recognize same-sex marriages

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A federal judge in New Orleans heard arguments today on whether Louisiana must recognize same-sex marriages legally performed in other states. The Associated Press reports attorneys on both sides of the issue pointed to last year’s U.S. Supreme Court ruling that struck down a federal prohibition against recognizing legal gay marriages. Dalton Courson, an attorney for gay couples, said the ruling in U.S. v. Windsor supports the contention that Louisiana’s failure to recognize legal same-sex marriages violates constitutional due process and equal protection rights. Attorney Kyle Duncan, arguing for the state, said the Windsor opinion clearly upholds the rights of state voters and legislatures to define marriage and that the federal government must recognize the states’ rights to do so. U.S. District Judge Martin Feldman acknowledged a growing number of cases striking down gay marriage bans in various states. On the same day that Feldman heard arguments, a federal judge struck down Indiana’s ban on same-sex marriage. About an hour later, marriage licenses were being issued there to same-sex couples. Elsewhere, the 10th U.S. Circuit Court of Appeals upheld a lower court ruling that struck down Utah’s gay marriage ban, though that ruling was put on hold pending appeal. “There is no doubt that the echo today is to strike down laws that differentiate between traditional and same-sex marriage,” Feldman said. He did not indicate when he would rule.

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