Posted on 10/05/2004 1:25:25 PM PDT by SmithPatterson
Amendment Banning La. Gay Marriage Tossed
By ADAM NOSSITER, Associated Press Writer
BATON ROUGE, La. - A state judge Tuesday threw out a Louisiana constitutional amendment banning gay marriage, less than three weeks after it was overwhelmingly approved by the voters.
District Judge William Morvant said the amendment was flawed as drawn up by the Legislature because it had more than one purpose: banning not only gay marriage but also civil unions.
Michael Johnson (news - web sites), an attorney for supporters of the amendment, said he will appeal the ruling.
A gay rights group challenged the amendment on several grounds, arguing among other things that combining the question of gay marriage and the issue of civil unions in one ballot question violated state law.
The courts had rejected a similar argument before the Sept. 18 election, saying it was premature.
Some 78 percent of those voting favored the amendment. The vote was part of a national backlash against gay marriage, which followed last year's Massachusetts Supreme Court ruling allowing gay couples to wed.
Proposals to restrict marriage to a man and a woman are on the ballot in November in 11 states: Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah. Missouri voters, like those in Louisiana, overwhelmingly approved such an amendment earlier this year.
The Louisiana Legislature pushed through the proposed ban this spring. Louisiana already had a law against gay marriage, but conservatives warned that unless it was put in the state constitution, a Louisiana court could one day follow the Massachusetts example.
Christian conservatives launched a vigorous grassroots campaign to secure passage.
Anyone have the text of the amendment handy?
Greetings, fellow Freepers, lurkers, Patriots, and all USA-loving folks!
This is the new media speaking, and we are growing faster than a pond full of guppies. The old media is dead—they just don’t know it yet. But they are starting to sense it, and are panicking.
The genie is out of the bottle. The internet now has hundreds of millions of fact-checkers, lie detectors, and cool brainiacs in their pajamas, laughing our butts off at the lame attempts of the “journalism majors” on TV to spin things their way.
The media wing of the democrat party is dying. CBS, ABC, NBC, all except FOX are tanking in their ratings, losing money, and dying a slow, welcome death.
Who broke the Dan Rather phony document story? One of our braniacs here, in pajamas, Buckhead. The “th” heard round-the-world ignited blew Dan out of the water in a couple of hours.
For those of you new here, this is not uncommon. Free Republic has over 100,000 registered users, and a whole lot more than that come here every day. We have scientists, brilliant PhD’s, gun owners, good-ole-small business owners, Capitalists, meat-eaters, and some of the most brilliant in the media. Yes, they lurk here, too. They know that Free Republic breaks stories faster, and more accurately, than any site, or any media, in the world.
Thanks to Jim Robinson, the founder. He was sick of the Clinton lies and crimes, and did something about it. He started this site. At first it barely survived, and Jim put his money where his mouth is. He almost lost his house. Some of us early folks here remember mailing checks in, to keep it running. We knew how important this place is, and now the world knows.
Feel like throwing a brick through your TV every time you watch CNN? Do something about it. Don’t just lurk, jump in with us. Become part of history, and tell your grandkids you were one of the early supporters. Yes, this is early. Very early. Believe it or not, this site is only 6 years old. When you look back in 20 years, you will be proud to have been a part of the founding.
Please join us, and contribute. Do it by credit card. Become a monthly donor—just send $3 a month. That’s all it takes. Think your $3 a month won’t make a difference? You are wrong. It makes all the difference in the world. Just like this site. And when you see your name on the monthly donor list, you will feel so proud! It’s amazing how it lifts you up, to know that you are making a difference.
I know that for some of you, even that small amount hurts. I’ve been there, believe me. But when you see that line item in your credit card bill every month, you will smile from ear-to-ear, and know that you are actually making a difference in this screwed-up world.
Come on in, and join us, and let’s change the world!
Whatever happened to the 'right of the people',
I don't doubt liberal judges are the greatest threat to the rule of law and our freedoms.
A STATE judge does NOT have the authority to declare a Constitutional Amendment to as unconstitutional - period.
A state judge overrules the majority of Louisiana voters????? Something is wrong with this picture?
Thank you. That helps.
Once again, the judiciary is used as a special interest trump card against the will of the People.
One day the masses are going to rise up and put an end to this robed tyranny.
Democrats long ago learned they couldn't advance their agenda through normal legislative means (cuz nobody would vote for it/them!), so they moved their sights to the judiciary. Brilliant strategy on their part. We have to work hard to turn back their liberal agenda.....
You speak French very well. Ah...cursing in French is exquisite. It's like wiping your butt with silk.
One man overrules the wishes of an entire state. Is this what the Founding fathers had in mind when they created the Judicial branch?
The judge found the amendment "flawed", and by extension that means the wishes of the people in Louisana are also "flawed". If one looks hard enough one can find "flaws" in all legislation, and none more so than the judicial edicts of the Judicial branch.
When the wishes of the people are overruled by the edict of one man it's time to seriously reexamine the role of the Judiciary in American politics.
Why even vote anymore?
Well, here's the problem, straight from the Louisiana Constitution. Apparently an amendment can only deal with one thing, and this one apparently dealt with two. This kind of stuff happens all the time. You'd think legislative analysts would spot this sort of problem in advance. Now they'll have to redo the process, splitting the amendment:
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.