Today the Eastern District Court of Louisiana ordered the Louisiana Department of Health and Hospitals to begin issuing marriage licenses to same-sex couples who complete a marriage application at the Department's Office of Vital Records in Orleans Parish. The Department made necessary modifications to the marriage license application printed forms and the certified copies. Additional long-term changes will be made to the Louisiana Electronic Event Registration System (LEERS) to accommodate the changes necessitated by the court's judgement. Marriage licenses issued to same-sex couples by clerks of court in Louisiana and submitted to Vital Records will also be documented in the LEERS system.A federal judge has recalled and rescinded a judgment upholding Louisiana's same-sex marriage ban. The order from U.S. District Judge Martin Feldman — who upheld the ban in his 2014 ruling — follows the U.S. Supreme Court ruling overturning same-sex marriage bans, as well as yesterday's Fifth District Court of Appeals ruling in the Louisiana case attempting to overturn the state's ban. The appellate court ruled the high court's decision is "the law of the land" and handed the case back to the District Court to reverse its ruling. Feldman complied this morning.
Obergefell, in both its Fourteenth and First Amendment iterations, is the law of the land and, consequently, the law of this circuit and should not be taken lightly by actors within the jurisdiction of this court. We express no view on how controversies involving the intersection of these rights should be resolved but instead leave that to the robust operation of our system of laws and the good faith of those who are impacted by them.The Fifth Circuit ruling sends the case back to U.S. District Judge Martin Feldman along with an order to reverse his decision, effectively eliminating Louisiana's same-sex marriage ban. The Fifth Circuit ruling also attaches a July 17 deadline for the District Court, as one of the plaintiffs, Robert Welles, is ill.
Chick-fil-A kind of day pic.twitter.com/D1HqJd3Umh— David Vitter (@DavidVitter) June 27, 2015
Jindal said he was waiting for the Fifth Circuit Court of Appeals to reverse that ruling based on the Supreme Court's decision Friday.
As of Sunday afternoon, Louisiana was the only state in the nation that had not issued any marriage licenses to same-sex couples.
"As soon as [the courts] issue their ruling, I suspect it will be a matter of days. I don't know how quickly they will move," Jindal said when asked how soon he will comply with the law.
If you’re keeping score at home, here’s where we stand:
· Words have no meaning;
· The Constitution is irrelevant;
· The First Amendment is under assault; and
· The Tenth Amendment is a relic to be ignored.
“We are very disappointed to announce that as of right now, we are unaware of any Clerks of Court issuing marriage licenses. The Attorney General and the Louisiana Clerks of Court Association have both advised that they do not believe the Supreme Court ruling yet applies to the State of Louisiana as a technical matter. We believe that this advice ignores the clear command of the Supreme Court of the United States, and it is further evidence of the discrimination and continued harm we have fought for more than twenty-six years to correct,” said Chris Otten, chair of the Forum for Equality Louisiana, the organization that filed Louisiana’s same-sex marriage case.
“We are currently exploring all options with our legal team, and we will update you as soon as we have more information. The great news: the question is no longer if Louisiana will get marriage equality; the question is now WHEN. And we will not stop fighting until all sixty-four parishes obtain real equality under the law, as promised by the Supreme Court’s decision today.”
“We hope Gov. Jindal does not continue to be a roadblock on the road to equality that 37 states have already traveled. Louisiana’s same-sex couples have waited long enough, often at considerable expense to protect their relationships and families."
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