imma gonna be famous Students react to same-sex marriage ban
Court says law is constitutional
January 26, 2005
Some of the University’s gay and lesbian students are fuming over the Louisiana Supreme Court’s decision to uphold a constitutional ban on same-sex marriage.
Last Wednesday, the high court unanimously upheld a constitutional amendment that bans same-sex marriage. Some gay and lesbian rights activists had thought they were close to victory only months earlier when a state district judge ruled the amendment unconstitutional.
Judge William Morvant of Baton Rouge struck the amendment down in October on the grounds that it violated a section of the state’s constitution that requires an amendment to address only one subject.
The Supreme Court decision reversed that finding, ruling “each provision of the amendment is germane to the single object of defense of marriage and constitutes an element of the plan to achieve this object.”
The amendment was widely supported when it was sent to the ballot Sept.18, receiving 78 percent of voters’ approval.
Wes Poche, a studio art senior and Spectrum Alliance member, said the ban infringes on his personal life.
“America calls itself a progressive society, and this is a huge step backwards,” Poche said.
Poche said he thinks marriage could be important to him in the future, but after the passing of the amendment, he no longer sees it as a possibility.
“The LGBT [lesbian, gay, bisexual and transgender] community cannot help but feel they are being treated like second-class citizens,” Poche said.
One of the more controversial provisions of the amendment among the gay and lesbian community states, “A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be recognized.”
Opponents of the amendment say this provision will not allow gays and lesbians to have legal rights to care for their partner. Opponents also contend that this provision keeps same-sex couples from owning property together.
Randy Trahan, a University law professor who was involved in drafting the amendment, said he does not see the amendment interfering with same-sex couples’ ability to enter contractual agreements that allow for the owning and inheritance of property and for legal powers to care for an incapacitated partner.
“The court’s decision didn’t surprise me because all of the research I have done on the single subject clause supports the court’s decision,” Trahan said. “I didn’t expect a unanimous decision, though.”
Trahan said the court made the right decision.
Not all students agree.
“When the amendment was struck down by the Baton Rouge judge, it was like a sigh of relief for the LGBT community,” said Crawford Leavoy, co-director of minority affairs for LSU Student Government. “Sometimes, people need to look past their personal opinions and realize that there are people out there that lead different lives, and they deserve the same rights that we all should have. The right to marry is one that all Americans should have.”