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PAR: 4 state constitutions already ban gay marriages
jgyan@theadvocate.com
NEW ORLEANS -- If a proposed constitutional amendment banning same-sex marriages remains on the Sept. 18 ballot and voters approve it, Louisiana will join four other states that have constitutionally defined marriage as the union of a man and a woman, the private Public Affairs Research Council of Louisiana says in a new report. The amendment, already the subject of three lawsuits by a gay- and lesbian-rights group, likely will be the target of additional suits if it passes, the PAR report says.
"Although Louisiana would be the fifth state to define marriage in its constitution should the amendment pass, marriage will be the subject of continuing debate, legislation and litigation in this state and others," PAR president Jim Brandt said. "Congress and the federal courts may also play a critical role in resolving issues from a growing patchwork of state and federal marriage laws."
The PAR report says a vote for Louisiana's proposed constitutional amendment would not only constitutionally define marriage as the union of one man and one woman but also prohibit the recognition of same-sex marriages or civil unions of unmarried opposite-sex and same-sex couples created under any states' laws.
Louisiana law already bans same-sex marriages. Backers contend the prohibition needs to be added to the state constitution to lessen chances it could be struck down by courts in or outside the state.
A vote against the amendment would continue to define marriage statutorily as the union between one man and one woman and prohibit the recognition of same-sex marriages created under other states' laws, PAR says. Current state law does not address civil unions or domestic partnerships between unmarried opposite-sex and same-sex couples.
State government employees are ineligible for domestic partner benefits. The New Orleans City Council established the state's only domestic-partner registry in 1993, and 230 same-sex and opposite-sex couples are registered. Health-care benefits to same-sex partners and their children were extended by executive order in 1997. Tulane University, a private school, also offers domestic partnership benefits to all of its employees.
PAR says legal analysts are split on the amendment's potential impact on private contracts.
"Some legal scholars believe the amendment will not disturb private contracts but makes clear that same-sex couples and unmarried opposite-sex couples are not entitled to marital rights under the constitution or any state law," the report says. "For example, these couples could not pursue a wrongful death claim for a deceased partner.
"Other legal experts think private contracts closely paralleling marital rights may be nullified, such as alimony and health-care benefits. Others think the amendment would invalidate all agreements between same-sex and unmarried opposite-sex partners, even those that are not marital in nature, such as medical directives."
The proposed Louisiana constitutional amendment is called the Defense of Marriage Act.
Missouri, Nebraska, Nevada and Alaska define marriage in their constitutions as the union of a man and a woman. Louisiana and more than three dozen other states statutorily define marriage as the union of a man and woman.
