Court: Governor can't protect LGBT rights via order

BATON ROUGE, La. (AP) - Louisiana Gov. John Bel Edwards lost his latest legal battle Wednesday over his executive order aimed at protecting the rights of lesbian, gay, bisexual, and transgender people in state government.

A three-judge panel of Louisiana's 1st Circuit Court of Appeal upheld a lower court's December decision that the Democratic governor's executive order was an unconstitutional attempt to expand state law. The unanimous appellate ruling was a victory for the Republican state attorney general, Jeff Landry, who had issued an opinion saying the order violated the state constitution. Landry had refused to approve various state agency contracts for appointment of legal counsel if the contracts contained the gender identity protection.

"The Governor's Executive Order in this case goes beyond a mere policy statement or a directive to fulfill law, because there is no current state or federal law specifically outlining anti-discrimination laws concerning and-or defining sexual orientation or gender identity," Judge Toni Higginbotham wrote on behalf of the unanimous panel.

RE: Governor can’t protect LGBT rights

OK, let’s be clear about these “RIGHTS”.

LGBT folks already have CIVIL RIGHTS like the rest of us.

What other “rights” do they have in mind?

If a Christian Baker refuses to bake a cake for a gay or lesbian “wedding”, is it considered a violation of their “RIGHTS”?

If a company refuses to pay for transgender operation, is it considered a violation of their “RIGHTS”?

Thank you for referencing that article topher. Please note that the following critique is directed at the article and not at you.

”… because there is no current state or federal law [emphasis added] specifically outlining anti-discrimination laws concerning and-or defining sexual orientation or gender identity," Judge Toni Higginbotham wrote on behalf of the unanimous panel."

As mentioned in related threads, other than sex-related voting rights, evidenced by the 19th Amendment, the states have never expressly constitutionally delegated to the feds the specific power to address sex-related issues.

19th Amendment:
"The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation [emphasis added]."
10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.

Federal laws that protect sex-related issues outside the scope of voting issues are examples of career politicians exploiting low-information voters imo. Politicians do this by making unconstitutional protection laws to win their votes, such voters not understanding that the feds have no constitutional authority to make such laws.

Also, consider that Gov. John Bel Edwards’ executive order was not only based on stolen legislative powers, but arguably an unconstitutional attempt to help effectively establish LGBT people as a privileged / protected class.

Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility [emphasis added].

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