“No Fundamental Right” to Redefine Marriage
September 3, 2014 – A federal judge in Louisiana has upheld its state’s marriage laws defining marriage as between one man and one woman. The decision follows closely a judge upholding Tennessee’s marriage laws and comes after the U.S. Supreme Court halting the redefinition of marriage in Virginia, staying an appeals court ruling that struck down Virginia’s marriage laws. The decision is expected to be appealed to the Fifth Circuit Court of Appeals. The Fifth Circuit Court of Appeals also has before it the federal court decision from Texas, which struck down Texas marriage laws earlier this year.
In a strong ruling, Judge Martin L.C. Feldman found that “Louisiana has a legitimate interest… in linking children to an intact family formed by their two biological parents,” and that accordingly “Louisiana’s decision to neither permit nor recognize same-sex marriage, formed in the arena of the democratic process, is supported by a rational basis.” Judge Feldman further explained “there is simply no fundamental right, historically or traditionally, to same-sex marriage.”
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