Federal Judge Upholds Louisiana Ban on Gay Marriage, Says ‘Traditional Authority’ Must Trump ‘Lifestyle Choices’

In a decision issued today in the case of
Robicheaux
v. Caldwell, Judge Martin Feldman of the U.S. District
Court for the Eastern District of Louisiana ruled that Louisiana’s
ban on gay marriage does not violate the U.S. Constitution and in
fact is a rational means of advancing the state’s “traditional
authority” to regulate marriage. To recognize gay Americans as a
class of citizens entitled to heightened judicial protection in
equal protection cases, Judge Feldman declared, “would distort
precedent and demean the democratic process.”

Judge Feldman’s ruling draws heavily on the principles of
judicial deference, which hold that the courts should rarely
invalidate the judgment of the elected branches of government and
should instead grant lawmakers the benefit of the doubt in most
legal disputes. “This national same-sex marriage struggle,” he
wrote, “animates a clash between convictions regarding the value of
state decisions reached by way of the democratic process as
contrasted with personal, genuine, and sincere lifestyle choices
recognition.” According to Judge Feldman, gay marriage advocates
should stop pressing their case in court and turn instead to
achieving social change “through democratic consensus.”

Today’s ruling is the first federal court decision against gay
marriage since the U.S. Supreme Court struck down portions of the
federal Defense of Marriage Act in 2013. An appeal is expected.