Lesbian, gay, bisexual, and transgender (LGBT) people in the US state of Louisiana face some legal challenges not experienced by non-LGBT residents. Sexual sexual activity is legal in Louisiana and same-sex marriage has been valid in the state since June 2015. Nevertheless, discrimination on the basis of sexual orientation and gender identity is not prohibited throughout the state.
In September 2014, two courts, one federal and one state, produced a contradictory verdict on the constitutionality of state's refusal of marriage rights for same-sex couples. The US Supreme Court ruled that the conflict when deciding on the ban was unconstitutional in Obergefell v. Hodges on June 26, 2015. Two days later, Governor Bobby Jindal said the country would abide by the same rules and licenses - sex marriages.
Video LGBT rights in Louisiana
Laws against same-sex sexual activity
There were no laws against same-sex sexual behavior in Louisiana until 1805, when Louisiana enacted its first Criminal Code after annexation by the United States.
Sexual acts between people of the same sex are legal in Louisiana. They were previously criminalized under the state sodomy law, which applies to both homosexual and heterosexual. The law was not enforceable in 2003 by a US Supreme Court ruling at Lawrence v. Texas .
In 2005, the US Court of Appeals for the Fifth Circuit ruled part of a law that criminalizes anal and oral sex consensual adults.
In 2013, law enforcement officers in East Baton Rouge Parish arrested men who had been involved in sexual activity prohibited by law. The DA does not prosecute those arrested, and he and the parish sheriff support the sodomy laws. In April 2014, the bill to revoke the law failed at the Louisiana House of Representatives in 66-27 votes after lobbying opposition by the Louisiana Family Forum, thus keeping the unconstitutional laws on the books.
Maps LGBT rights in Louisiana
Recognition of same-sex relations
The US Supreme Court ruling at Obertenfell v. Hodges on June 26, 2015, declaring that the refusal of marriage rights for same-sex couples is unconstitutional, overturning same-sex marriage ban in Louisiana.
In 1988 and 1999, Louisiana added the provisions of the Civil Code which prohibit same-sex couples from marrying and prohibiting the recognition of same-sex marriage from other jurisdictions. Louisiana added a ban on same-sex marriage and civil union in the Constitution in 2004.
Two lawsuits challenge the state ban. In the state court at Costanza v. Caldwell , the plaintiffs initially won, but the verdict was pending an appeal, which was not resolved after an oral argument was heard on January 29, 2015. In federal court at Robicheaux v. George , the plaintiff challenged the state's refusal to recognize same-sex marriage from other jurisdictions. US District Judge Martin Feldman decided on September 3, 2014, for the state, to write that "Louisiana has a legitimate interest... whether obsolete in the opinion of some, or not, in the opinion of others... in connecting children with a intact families formed by their two biological parents ". While appealing to the Fifth Circuit Court of Appeals, the case remained unresolved at the time of the US Supreme Court ruling at Obergefell on 26 June 2015. After the Supreme Court's ruling, the Fifth Circuit Court of Appeals. return the case to the District Court, where Judge Feldman canceled his order to support the plaintiffs of Robicheaux.
Adoption and parenting
On September 22, 2014, a state court, Judge Edward Rubin found a Louisiana ban to allow same-sex couples to adopt to be unconstitutional and given same-sex adoption in the state of Louisiana at Costanza v. Caldwell
Before Judge Rubin's verdict, Louisiana allowed one person to adopt and did not explicitly reject adoption or adoption of second parents to same-sex couples.
Louisiana has successfully defended in federal court his refusal to change the birth certificate of a child born in Louisiana and adopted in New York by the same couple, who are trying to have a new certificate issued under their name as parents such as standard practice for children Louisiana's birth adopted by different types of married couples. On October 11, 2011, the US Supreme Court rejected a request from Lambda Legal, representing the plaintiff in this case, Adar v. Smith , to review the case.
Protection of discrimination
On 17 February 1992, Governor Edwin Edwards issued an executive order prohibiting discrimination in state employment on the basis of sexual orientation. In August 1996, Governor Murphy J. Foster, Jr. permit executive orders to fail. On December 4, 2004, Governor Kathleen Blanco reissued Edwards' executive order. In August 2008, Governor Bobby Jindal allowed it to end. On April 13, 2016, Governor John Bel Edwards returned the terms, as announced shortly after his election. However, Bel Edwards' orders were beaten in November 2017 by an appeals court that found that the Governor had violated his authority. In March 2018, the Supreme Court of Louisiana upheld the decision of the appeal court.
In May 2015, a House committee rejected a bill that would protect people who practice their religious beliefs on same-sex marriage. However, Governor Jindal then issued an executive order for that purpose. On April 13, 2016, Governor Edwards canceled the executive's order.
On April 28, 2016, the Senate Workers Committee agreed in a 4-3 ballot bill that would prohibit employment discrimination on the basis of sexual orientation or gender identity. The bill, however, did not advance further and died at the end of the legislative period.
The cities of Baton Rouge, New Orleans, and Shreveport, together with the Jefferson parish, prohibit discrimination on the basis of sexual orientation and gender identity.
Hate legal crime
Louisiana is one of the few southern states that have hate crime laws that provide increased penalties for crimes motivated by victim sexual orientation or perceived sexual orientation. After graduating in 1997, after a five-year lobbying effort, his passage made Louisiana the first country on the South End to have such a law. It does not include gender identity.
Domestic Violence Act
In June 2017, the Louisiana Legislature (House of Representatives voted 54-42 and Senate 25-13 votes) passed a bill called HB27 , to remove the "opposite sex" from domestic violence law. The bill was signed into law by the Governor of Louisiana, John Bel Edwards, and fully in effect on 1 August 2017. At that time, South Carolina was the only country left in the United States to still explicitly include only "people of the opposite sex "in domestic violence law.
National Guard
Following the decision of the US Supreme Court in United States v. Windsor in June 2013 canceled Section 3 of the Defense of Marriage Act, the US Department of Defense issued a directive requiring state units of the National Guard to register same-sex couples of guard members in the federal benefits program. Defense Secretary Chuck Hagel on Oct. 31 said he would demand compliance. On December 3, Louisiana agreed to conform to the DoD policy stating that state workers would be considered federal workers while enrolling same-sex couples to make a profit.
Public opinion
Recent polls have found that, while the Louisianians are evenly divided in support and opposition to same-sex marriage, support is rising and opposition is declining.
The Religious Research Institute (PRRI) 2017 poll found that 48% of Louis's people supported same-sex marriage, while 44% opposed. 8% have not decided yet. In addition, 61% support anti-discrimination laws that include sexual orientation and gender identity. 29% opposed. PRRI also found that 54% opposed allowing public businesses to refuse to serve LGBT people because of religious beliefs, while 37% supported religious-based denials.
See also
- Louisiana Politics
- LGBT Rights in the United States
- Rights and responsibilities of marriage in the United States
- There are no homo promo laws
References
External links
- US. District Court Decision in Robicheaux v. Caldwell , September 3, 2014
Source of the article : Wikipedia
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