Laws

United States of America

LOUISIANA

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Civil Unions
  Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Parenting
Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation
Surrogacy
Legislation/Cases/References
See also: [PARENTING]
1.

State

On 30 May 2013, the Senate Conference Committe Report voted 32-3 to adopt Senate Bill 162 (introduced on 08 April 2013). The Bill would if signed into law block gay, and unmarried couples from being able to become parents by using surrogates, by requiring that all parents using such a process, are married. The House is to debate the Bill on 02 June.

R1.1 PinkNews: Louisiana bill would block gay couples from surrogate parenting 29 MAY 13
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

State

There is no State-wide statutory recognition of Civil Unions, Domestic Partners or Registered Partners

On 11 May 2017, the House voted 59-30 to approve House Bill 223 that would include ''dating partners'' under the legal umbrella for domestic violence. The Bill is now before the Senate [L1.2], [R1.1]

2.

Cities & Towns

In September 2001, the New Orleans City Council voted unanimously [6–0] to approve a city ordinance that grants health benefits to the domestic partners of gay city employees. Besides medical benefits, the ordinance will provide bereavement rights and family leave policies as well as access to city recreational facilities for municipal employees' domestic partners.

To be eligible for the benefits, city employees would sign-up with the New Orleans Domestic Partnership Registry, which was created in 1993. The registry defines domestic partners as two people at least 18 years of age, not blood related and not married who have lived together for at least 6 months, are jointly obligated for providing each other's living necessities and have a commitment "intended to be lifelong" [R2.1], [R2.2].

3.

Courts & Tribunals

On 15 January 2009, the Louisiana Court of Appeal, Fourth District, upheld the lower court ruling that the city of New Orleans was within its authority when it granted health benefits to domestic partners of city employees and established a domestic partner registry for city residents [R3.2].

Previously:

In May 2004, a state judge threw out a lawsuit challenging a 1999 New Orleans law that allows same-sex domestic partners of city employees to be included in their family benefits plans [R3.1].

L1.2 Bill: House Bill 223 (Accessed 21 MAY 17)
R1.1 TheAdvocate: House OKs including 'dating partners' among those covered by domestic abuse laws 11 MAY 17
R2.1 Associated Press: N.O. Council Acts on Benefits for Same-sex Partners 22 SEP 01
R2.2 Southern Voice: New Orleans City Council Approves Domestic Partner Benefits 20 SEP 01
R3.2 PinkNews.co.uk: Court Rules New Orleans Can Grant Benefits to Same-sex Partners 22 JAN 09
R3.1 Associated Press: Court Dismisses Challenge to New Orleans' Domestic Partners Law 17 MAY 04
Discrimination Legislation/Cases/References
See also: [HARASSMENT]
1.

State

On 31 May 2017, the Senate voted down 11-24 Senate Bill 155 (the Employment Non-Discrimination Act). The Bill would have made it illegal for an employer to discriminate against or fire an employee because of their sexual orientation, gender identity or gender expression [R1.5].

On 14 December 2016, Judge Todd W Hernandez, of the 19th Judicial District Court in East Baton Rogue Parish, ruled the executive order JBE16-11 of Governor John Bel Edwards that protected state employees against discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation, disability, or age was ultra vires (beyond one's legal power) and unlawful [C3.3], [R3.2]. See also 3. Courts & Tribunals below at [R3.4].

On 12 April 2016, Governor John Bel Edwards signed Executive Order No. JBE 2016-11 providing employment protections for state employees and employees of state contractors on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation, disability, or age and prohibiting discrimination in services provided by state agencies whilst including an exemption for churches and religious organizations [L1.4], [R1.3]. See also 3. Courts & Tribunals below at [R3.4].

Previously:

Louisiana did not have any state-wide law prohibiting discrimination based on sexual orientation.


In August 2008, Louisiana governor Bobby Jindal would not renew an antidiscrimination order put in place by his predecessor when it expired. The 2004 executive order, barred state agencies and contractors from harassing and discriminating against employees based on race, religion, gender, sexual orientation, national origin, political affiliation, or disabilities [R1.2].

In May 2001, legislation outlawing employment discrimination against homosexuals was defeated in the Louisiana Senate [R1.1].

2.

Cities & Towns

On 13 August 2014, the East Baton Rouge Parish Metro Council voted 8-4 vote to reject a proposed local law banning discrimination against people based on sexual orientation and gender identity [R2.5].

On 10 December 2013, the Shreveport City Council voted 6-1 to pass a nondiscrimination ordinance for the city preventing the discrimination against LGBT individuals in employment, housing, (real estate) and public spaces [L2.4], [R2.3].


In July 2003, Baton Rouge city-parish's Equal Employment Opportunity policy dated April 29 forbids discrimination or harassment because of sexual orientation as well as race, age, religion, gender and other protected groups [R2.2].


In August 2001, Gretna City Council adopted an ordinance prohibiting discrimination saying it is "unlawful to discriminate against any individual based on race, color, sex, creed, religion, age, national origin or ancestry, physical condition, disability or sexual orientation in places of public accommodation, resort or amusement, in housing accommodations and in commercial spaces." [R2.1].


In 1991, New Orleans adopted legislation protecting gay men and lesbians [R2.2].

3.

Courts & Tribunals

On 01 November 2017, a three-judge panel of the First Circuit Court of Appeal unanimously upheld a lower court's December decision that the executive order of Democratic Governor John Bel Edwards order aimed at protecting the rights of lesbian, gay, bisexual, and transgender people in state government was an unconstitutional attempt to expand state law [C3.6], [R3.5].

On 15 August 2017, a three-judge panel of a Louisiana appeals court heard arguments as to whether Executive Order No. JBE 2016-11 (See [L1.4], R1.3]) aimed at protecting LGBT rights in state government crossed a constitutional line [R3.4].

On 14 December 2016, Judge Todd W Hernandez, of the 19th Judicial District Court in East Baton Rogue Parish, ruled the executive order JBE16-11 of Governor John Bel Edwards that protected state employees against discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation, disability, or age was ultra vires (beyond one's legal power) and unlawful [C3.3], [R3.2].

In September 2002, a Louisiana U.S. district judge ruled that the federal ban on sex discrimination does not apply to people who cross-dress [C3.1] [R3.1].

R1.5 NOLA: Louisiana Legislature rejects LGBT workplace protections 01 JUN 17
L1.4 Order: Executive Order No. JBE 2016-11 PDF 62.22kb 13 APR 16
R1.3 ReutersUS: Louisiana governor signs order protecting LGBT rights 13 APR 16
R1.2 The Advocate: Jindal Lets Louisiana Nondiscrimination Policy Lapse 23-25 AUG 08
R1.1 Associated Press: "Senate Defeats Gay Anti-Discrimination Bill" 23 MAY 01
2. Cities & Towns
R2.5 SFGN: Baton Rouge Council Rejects 'Fairness Ordinance' 13 AUG 14
L2.4 Fairness Ordinance: Ordinance No. … of 2013 PDF 68.13kb, 20 NOV 13
R2.3 ShreveportTimes: Shreveport passes fairness ordinance 10 DEC 13
R2.2 Associated Press: Baton Rouge Bans Discrimination Against Gays 09 JUL 03
R2.1 The Times-Picayune: Gretna City Council Prohibits Discrimination 08 AUG 01
3. Courts & Tribunals
C3.6 Opinion: The Louisiana Department of Justice and Jeff Landry v. John Bel Edwards No. 2017 CA 0173 PDF 488.21kb 01 NOV 17
R3.5 TorontoMetro: Court: Governor can't protect LGBT rights by issuing order 02 NOV 17
R3.4 FederalNewsRadio: Louisiana governor seeks reinstatement of LGBT-rights order 15 AUG 17
C3.3 Ruling on Plaintiff's Petition: The Louisiana Department of Justice et al v. John Bel Edward, et al No. 652,283 PDF 491.01kb 14 DEC 16
R3.2 ReutersUS: Louisiana judge throws out executive order to protect LGBT rights 14 DEC 16
C3.1 Oiler -v- Winn-Dixie
R3.1 The Advocate: ACLU Condemns Ruling in Louisiana Cross-dressing Case 18 SEP 02
Estates, Inheritance, Property, Succession, Wills Legislation/Cases/References
1.

State

Property which is acquired during a marriage (or, separate property which has been deemed "converted" to community property) , through the effort, skill, or industry of either spouse is "community property" and will be subject to the community property guidelines. This is the "default regime" for married couples, meaning that, if they do not opt-out of this system, the property will be considered community property and dividable in accordance with the guidelines [D1.1].

D1.1 August V Martens: Community or Separate Property Regime 30 JUL 15
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Courts & Tribunals

In September 2002, a Louisiana US district judge ruled that the federal ban on sex discrimination does not apply to people who cross-dress [C1.1] [R1.1].

C1.1 Oiler -v- Winn-Dixie
R1.1 The Advocate: ACLU Condemns Ruling in Louisiana Cross-dressing Case 18 SEP 02

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Hate Crimes Legislation/Cases/References
1.

State

In 1996, hate crimes based on sexual orientation became considered an aggravating circumstance [R1.1].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 08
Homosexuality, Sodomy Legislation/Cases/References
1.

State

The criminal law in Louisiana prohibits sodomy between same-sex and heterosexual couples.

RS 14:89. 4. Crime Againt Nature [L1.5]

§. Crime against nature

A. Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41 (Rape), 14:42 (Aggravated Rape), 14:42.1 (Forcible Rape) or 14:43 (Simple Rape). Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.

B. Whoever violates the provisions of this Section shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not more than five years, or both.

See also: 2. Courts & Tribunals [C2.8], [R2.7].


On 15 April 2014, the House overwhelmingly rejected (67-27, 11 absentees) HB12, a Bill to repeal of the state's unconstitutional anti-sodomy law [R1.4].

On 09 April 2014, the House Committee on Administration of Criminal Justice voted 9-6 in favour of Bill 12 that finally "amends crime against nature" laws "relative to certain provisions held to be unconstitutional" [R1.3]. The Bill is scheduled for floor debate 15 April.

On 18 July 2013, a 65-year-old man was arrested in Manchac Park, East Baton Rouge by a sheriff's deputy who denied he was a policeman and propositioned the man offering “some drinks and some fun” back at his place. The man was charged with attempted crime against nature, despite the law being found unconsitutional. East Baton Rouge Parish Sheriff Sid Gautreaux reportedly will stop assigning undercover officers to harass gay men [R1.2].

In 2001, the House came within six votes of passing a bill to legalize oral and anal sex between consenting adults behind closed doors [R1.1].

2.

Courts & Tribunals

The June 2003 US Supreme Court ruling in Lawrence & Garner -v- Texas that a similar the law in Texas was an unconstitutional violation of privacy is thought to nullify or invalidate the Louisiana law [C2.8], [R2.7].

In November 2002, Louisiana's 197-year-old law against oral and anal sex was upheld in a 2-1 ruling of the 4th Circuit Court of Appeal against the challenge by the Louisiana Electorate of Gays and Lesbians Inc., leaving Louisiana's sodomy law intact [R2.6].


In March 2002, the state Supreme Court refused to strike down Louisiana's 197-year-old ban on oral and anal sex, saying it would contradict a precedent set by the court on a similar challenge two years ago [R2.5].


In January 2001, Louisiana's 4th Circuit Court of Appeal heard arguments about whether the state's 196-year-old anti-sodomy law violates rights guaranteed by the Louisiana Constitution [R2.4].


In July 2000, the state Supreme Court upheld the 195-year-old law that makes oral or anal sex a felony punishable by up to five years in prison [R2.3].


In March 2000, the state Supreme Court was the scene of a showdown over the constitutionality of a 195-year-old Louisiana sodomy law a state appellate court struck down in 1999 [R2.2].


In February 1999, an appeals court has thrown out a 194-year-old Louisiana law against sodomy, saying that consensual oral and anal sex is protected by the right to privacy in the state constitution [R2.1].

L1.5 Louisiana Legislature: Revised Statutes 14:89. 4. Crime Against Nature
R1.4 EdgeOnTheNet: Louisiana House Kills Bill to Repeal Anti-Sodomy Law 16 APR 14
R1.3 PinkNews: US: Louisiana committee votes 9-6 to remove sodomy law from penal code 12 APR 14
R1.2 The Advocate: Gays in Baton Rouge arrested under invalid sodomy law 28 JUL 13
R1.1 Baton Rouge Advocate: Bill to Change Sodomy Law Fails in House 18 MAY 01
C2.8 US Supreme Court: Lawrence v. Texas, 539 U. S. 558 (2003) PDF 196.55kb, 26 JUN 03
R2.7 Associated Press: Supreme Court Strikes Down Gay Sex Ban 26 JUN 03
R2.6 Times-Picayune: Court Upholds 197-year-old Sodomy Law 29 MAR 02
R2.5 PlanetOut: Louisiana Sodomy Law Challenged 08 JAN 01
R2.4 Associated Press: Appeals Court Upholds Sodomy Law 22 NOV 02
R2.3 Associated Press: Louisiana Upholds Sodomy Law 07 JUL 00
R2.2 Baton Rouge Advocate: Sodomy Law Showdown Slated Before High Court 15 MAR 00
R2.1 Associated Press: Court Strikes Down Louisiana Sodomy Law 12 FEB 99
Marriage Legislation/Cases/References
1.

State

Constitution of Louisiana, Article XII. General Provisions [L1.3]

§15. Defense of Marriage

Section 15. Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.
Added by Acts 2004, No. 926, §1, approved Sept. 18, 2004, eff. Oct. 19, 2004.


On 19 May 2014, Governor Bobby Jindal signed Executive Order BJ 2015-8 'Marriage and Conscience Order' to carve out protections for people who oppose same-sex marriage [L1.2]. See also 2. Courts & Tribunals at C2.20

On 18 May 2004, the House and Senate each approved separate versions of a constitutional ban on same-sex marriage, virtually assuring that voters will decide the issue in the 2004 fall [R1.1].

The Senate must debate the House-passed measure and the House must debate the Senate-passed measure and eventually the two chambers will have to agree on which should be sent to the voters.


In 1999, on the third attempt a bill prohibiting same-sex marriage was adopted.

2.

Courts & Tribunals

On 08 August 2017, in a ruling that may apply to similarly placed same-sex couples, US District Judge Ivan Lemelle permanently blocked a Louisiana law that prevented foreign-born US citizens from getting married if they couldn't produce a birth certificate [C2.22], [R2.21].

On 30 June 2015, the American Civil Liberties Union and others filed a lawsuit challenging as unconstitutional the Executive Order BJ 2015-8 'Marriage and Conscience Order' that Governor Bobby Jindal signed 19 May 2015, to carve out protections for people who oppose same-sex marriage [C2.20], [R2.19].

On 02 July 2015, US District Judge Martin Feldman, who initially upheld the state same-sex marriage ban in Robicheaux v. Caldwell on 03 September 2014, was forced to recall and rescind that decision following the 26 June Obergefell, et al v. Hodges et al US Supreme Court case, ordering that officials be restrained from enforcing the state constitutional ban and recognise the marriages of the Plaintiff parties [C2.18], [R2.17].

On 12 January 2015, the US Supreme Court declined to take up the Robicheaux v. Caldwell case. The US Court of Appeals for the Fifth Circuit has yet to rule on the appeal in the case [R2.16].

On 17 December 2014, the Supreme Court, in a brief update to the docket page for the Louisiana marriage case Robicheaux v. Caldwell No. 14-596, has noted that the case will be taken up in its next conference, on 09 January [R2.15].

On 20 November 2014, in an unusual step, a petition seeking a review of the Jonathan P Robicheaux, et al. v. Caldwell case was filed in the US Supreme Court, even though the 5th Circuit is yet to determine the appeal [C2.14].

On 27 October 2014, the 5th Circuit Court of Appeals announced that oral arguments in the appeals of same-sex marriage rulings from Texas and Louisiana have been scheduled for the week of 05 January 2015 [R2.13].

On 25 September 2014, Judge Edward D Rubin granted a suspensive appeal on the motion of the State Attorney General, ordering a stay of his 22 September order 'In Re Costanza and Brewer' and that the appeal be filed by 25 October in the Louisiana Supreme Court [C2.12], [R2.11].

On 22 September 2014, District Judge Edward Rubin in the 15th Judicial District Court ruled “In Re Costanza and Brewer” that the ban on same-sex marriage in Louisiana is unconstitutional [C2.10], [R2.9].

On 03 September 2014, US District Judge Martin Feldman in the US District Court, Eastern District of Louisiana upheld Louisiana's ban on gay marriage and refusal to recognise gay marriages legally performed in other states. The plaintiffs are expected to appeal the ruling to the 5th US Circuit Court of Appeal [C2.8], [R2.7].

On 12 February 2014, a lawsuit was filed on behalf of Forum for Equality Louisiana & Ors challenging the state's constitutional ban on recognizing same-gender marriages legally performed outside the state [C2.6], [R2.5].

On 27 November 2013, US District Judge Martin Feldman in US District Court for the Eastern District of Louisiana dismissed the Jonathan P Robicheaux v. James D Caldwell lawsuit seeking marriage equality on the grounds of lack of jurisdiction. Attorneys say they'll amend the complaint to continue the litigation [C2.4], [R2.3].

In November 2013, Judge John D Saunders for the Third Circuit Court of Appeal found that Angela Marie Costanza and Chasity Shanelle Brewer could amend their petition to disclose a cause of action specifying what Louisiana (marriage) law they wish to challenge and the basis for that challenge and remanded the case to the trial court with instructions to grant leave to amend the petition [C2.2].

On 23 July 2013, Judge Edward B Broussard in the 15th Judicial District Court dismissed the petition of Angela Marie Costanza and Chasity Shanelle Brewer for failure to disclose a cause of action upon which relief can be granted. The couple married in California and challenged the State law that denies the recognition and full faith and credit of a valid foreign Certificate of Marriage. The case is the subject of an appeal to Third Circuit Court of Appeal [C2.1].

L1.3 Louisiana State Senate: Louisiana Constitution of 1974 PDF 418.91kb (Accessed 03 NOV 09)
L1.2 Executive Order BJ 2015-8: Marriage and Conscience Order PDF 300.22kb 19 MAY 15
R1.1 Associated Press: La. House, Senate approve constitutional ban on gay marriage 18 MAY 04
2. Courts & Tribunals
C2.22 Opinion and Permanent Injunction: Viet Anh Vo v. Rebkah E Gee et al. No. 16-cv-15639 PDF 341.06kb 08 AUG 17
R2.21 wtop: Judge blocks law requiring birth certificates to marry 09 AUG 17
C2.20 Petition: ACLU Foundation of Louisiana et at., v. Governor Piyush "Bobby" Jindal PDF 3.51MB, 30 JUN 15
R2.19 TheAdvocate: Bobby Jindalís executive order challenged by ACLU, other gay rights advocates 30 JUN 15
C2.18 Judgment: Jonathan P Robicheaux, et al. v. James D Caldwell Nos. 13-5090 C/W, 14-97, 14-327 PDF 56.05kb, 02 JUL 15
R2.17 Nola.com: Louisiana same-sex marriage ban is overturned: Read the court judgement 02 JUL 15
R2.16 ReutersUS: Supreme Court rejects Louisiana gay marriage case 12 JAN 15
R2.15 EqualityOnTrial: Supreme Court adds Louisiana marriage case to January 9 conference 17 DEC 14
C2.14 Petition for Writ of Certiorari before Judgment: Jonathan P Robicheaux, et al. v. James D. Caldwell, et al. No. PDF 299.43kb, 20 NOV 12
R2.13 GayStarNews: US Court of Appeals for Fifth Circuit sets January date for Texas and Louisiana gay marriage cases 27 OCT 14
C2.12 Motion and Order: Angela Marie Costanzo v. James D Caldwell No. A-20130052 D2 PDF 124.37kb, 25 SEP 14
R2.11 StarObserver: Louisianaís gay marriage ruling stayed pending appeal 30 SEP 14
C2.10 Minute Entry Ruling: Angela Marie Costanzo and Chasity Shanelle Brewer v. James D Caldwell No. 2013-0052 D2 PDF 26.07MB, 22 SEP 14
R2.9 KATC: Lafayette judge rules Louisiana same-sex marriage ban is unconstitutional 22 SEP 14
C2.8 Order and Reasons: Jonathan P Robicheaux, et al. v. James D. Caldwell, et al. Nos. 13-5090, 14-97, 14-327 PDF 111.23kb, 03 SEP 14
R2.7 NOLA.com: Louisiana gay marriage ban upheld by federal judge 03 SEP 14
C2.6 Complaint for Declaratory and Injunctive Relief: Forum for Equality & 0rs v. Tim Barfield and Devin George Case No: 2:14-cv-00327 PDF 227.43kb, 12 FEB 14
R2.5 GLBTNN: Four gay couples sue Louisiana for marriage rights 12 FEB 14
C2.4 Order and Reasons: Jonathan P Robicheaux v. James D Caldwell No. 13-cv-05090 PDF 606.63kb, 27 NOV 13
R2.3 Washington Blade: Court dismisses Louisiana marriage equality lawsuit 01 DEC 13
C2.2 Opinion: In Re Angela Marie Costanza and Chasity Shanelle Brewer No. 13-01049-CA PDF 192.52kb, 01 NOV 14
C2.1 Original Brief: In Re Angela Marie Costanza and Chasity Shanelle Brewer No. 13-01049-CA PDF 193.49kb, 01 NOV 13
Military Legislation/Cases/References
1.

State

On 03 December 2013, the Louisiana National Guard indicated that it will become the latest state to comply with a Defense Department directive to process spousal benefit applications for troops in same-sex marriages. Federal personnel will enroll all dependants of same-sex marriages, in benefits programs [R1.1].

R1.1 WashingtonBlade: Louisiana National Guard latest to process same-sex benefits 03 DEC 13
Parenting, Adoption, Fostering Legislation/Cases/References
1.

State

On 26 June 2015, following the US Supreme Court same-sex marriage ruling, same-sex couples should be afforded all of the same rights and privileges of "traditional" male/female marriages [D1.5], even though under the Childrens Code unmarried couples cannot adopt in Louisiana, although single people and married couples can [R2.3].


On 24 April 2012, the House Civil Law and Procedure Committee voted 9–2 against Bill HB 1081 that would have allowed adoptions by people who aren't related to a child by blood but live in the same home and establish a relationship with the child “characterized by the exercise of parental affection, concern, obligation and responsibility” [R1.4].

On 27 April 2010, state senate judiciary committee defeated a proposal 3–1 that would have allowed unmarried couples to adopt children together [R1.3].

On 12 May 2009, the Louisiana house voted overwhelmingly to pass a bill that would prohibit the issuance of birth certificates that list the names of two unmarried parents who adopt a Louisiana-born child in another state [R1.2].

Limited parenting rights may be conferred upon a same-sex partner in a Provisional Custody by Mandate document that authorizes "… any person of legal age to provide for the care, custody and control of the minor child" [R1.1].

2.

Courts & Tribunals

On 05 February 2014, Judge Edward Rubin in the 15th Judicial District Court signed the final decree and judgment granting the first intrafamily second-parent adoption in the State to Angela Costanza of son Nicholas, born to Chasity Brewer 9 years ago. In 2008, the couple were married in California [R2.10].

On 11 October 2011, The Supreme Court refused to consider the rights of same-sex parents in Adar, Oren et al v. Smith, Darlene W, No. 11-46 (Certiorari Denied), a case where two gay men wanted both of their names listed on their adopted son's birth certificate [R2.9].

Previously:

On 11 July 2011, Lambda Legal filed for a Supreme Court review of the case of adoptive parents Oren Adar and Mickey Ray Smith, a gay couple who wanted both their names to appear on the birth certificate of the Louisiana child they adopted in New York [C2.8], [R2.7].

On 12 April 2011, the 5th US Circuit Court of Appeals ruled (9–6, two of whom concurred in part with the majority) that a Louisiana registrar's insistence that only one father's name can go on the birth certificate does not violate the child's right to equal protection under the law; nor does it deny legal recognition of the New York adoption by both men [C2.6], [R2.5].

In January 2011, sixteen federal appeals court judges will set to decide whether the state of Louisiana should be required to put the names of two gay fathers (Oren Adar and Mickey Ray Smith) on the birth certificate of their adopted child [R2.4].

On 18 February 2010, the 5th US circuit court of appeals in New Orleans ordered the state registrar to issue a birth certificate to gay couple Oren Adar and Mickey Ray Smith for their adopted son who was born in Louisiana in 2005 [R2.3].

In March 2009, district Judge Jay Zainey ordered the names of a gay couple who adopted a child born in Louisiana be added to the birth certificate. Louisiana officials are countering Zainey's ruling, asking the 5th US Circuit Court of Appeals to overturn it on the basis they are being made to accept another state's rules [R2.2].

In December 2008, US District Court judge Jay Zainey ordered the state registrar to honour the New York adoption of a baby boy by a same-sex couple and issue a new birth certificate naming the couple as the boy's parents, saying her continued failure to do so violated the US Constitution [R2.1].

D1.5 August V Martens: Best Interests of the Child - Revisited, The Word 14.5kb 01 JUL 15
R1.4 NECN: Lawmakers reject proposal to allow gay adoption 24 APR 12
R1.3 The Advocate: Gay Adoption Proposal Dies in Louisiana Senate 28 APR 10
R1.2 The Advocate: Louisiana Moves to Limit Gay Adoptions 15 MAY 09
R1.1 August V Martens: Parenting by the Year 20 APR 10
R2.10 TheAdvertiser: Same-sex couple clear adoption hurdle 13 FEB 14
R2.9 Reuters: Supreme Court won't hear same-sex adoptive parents case 11 OCT 11
C2.8 Lambda Legal: Petition for Writ of Certiorari PDF 203.14kb, 11 JUL 11
R2.7 Nola.com: '2 dads' case goes to Supreme Court 11 JUL 11
C2.6 US Court of Appeals for 5th Circuit: Oren Adar v. Darlene W Smith No. 09–30036 PDF 437.24kb, 12 APR 11
R2.5 Stamford Advocate: Gay dads lose Louisiana birth certificate case 12 APR 11
R2.4 The Advocate: Appeals Court Hears Gay Adoption Case 18 JAN 11
R2.3 The Advocate: Gay Couple Wins Birth Certificate Ruling 19 FEB 10
R2.2 PinkNews.co.uk: Federal judge orders gay men's names to appear on birth certificate 20 MAR 09
R2.1 PinkNews.co.uk: US Federal Judge Orders Louisiana Registrar to Recognise Out of State Adoption 24 DEC 08
Violence: Bullying Domestic Violence, Harassment, Vilification Legislation/Cases/References
See also: [DISCRIMINATION]
1.

State

On 30 May 2017, the Senate agreed 25-13 to extend the state's domestic violence protections to same-sex couples after initially rejecting the proposal 23 May [R1.5]. On 01 June 2107, the Bill was sent to the Governor for executive approval.

On 23 May 2017, the Senate voted 17-14 against House Bill 27 that would remove the requirement that the victim be of the opposite sex in order for the act to be considered domestic violence [L1.4], [R1.3].

On 11 May 2017, the House voted 59-30 to approve House Bill 223 that would include ''dating partners'' under the legal umbrella for domestic violence. The Bill is now before the Senate [L1.2], [R1.1]

2.

Courts & Tribunals

On 27 February 2014, Boh Bros. Construction Co. has agreed with the US Equal Employment Opportunity Commission (EEOC) to a consent judgment which requires the company to pay $125,000 in compensatory damages to a former employee in a sex discrimination/same sex harassment case. The consent judgment cannot be appealed and effectively brings the litigation to a close [C2.9], [R2.8].

On 27 July 2012, the 5th US Circuit Court of Appeals in New Orleans found that construction worker Kerry Woods was the primary and constant victim of superintendent Charles Wolfe's offensive abuse and harassment, much of it in the nature of sexual vulgarity, but the evidence did not establish a claim of unlawful same-sex discrimination in violation of Title VII of the Civil Rights Act [C2.7], [R2.6].


On 19 January 2012, the 5th U.S. Circuit Court of Appeals in New Orleans overturned a lower court's dismissal of most claims in a same-sex harassment case, saying the evidence supported a jury's conclusion that the plaintiff was sexually harassed and the employer failed to promptly respond to his complaint [C2.5], [R2.4].


In March 2011, a federal jury awarded Kerry Woods, a former employee of Boh Bros. Construction Co., L.L.C., $451,000 to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The sexual harassment and retaliation for complaining about it violates Title VII of the Civil Rights Act of 1964 [C2.3], [R2.2].


In October 1998, a man who said he was sexually assaulted, battered and threatened with rape by two supervisors on an offshore rig reached a settlement in his sexual harassment lawsuit against his former employer [R2.1].

R1.5 brproud: Senate votes to extend domestic violence protections for same-sex couples 31 MAY 17
L1.4 Louisian State Legislature: House Bill 27 PDF 42.89kb (Accessed 25 MAY 17)
R1.3 TheWashingtonTimes: Louisiana same-sex couples denied domestic abuse protections 23 MAY 17
L1.2 Bill: House Bill 223 (Accessed 21 MAY 17)
R1.1 TheAdvocate: House OKs including 'dating partners' among those covered by domestic abuse laws 11 MAY 17
C2.9 Consent Judgment: US Equal Employment Opportunity Commission v. Boh Brothers Construction Co LLC No. 09-6460 PDF 35.15kb, 26 FEB 14
R2.8 US Equal Employment Opportunity Commission: Boh Bros. Construction Co. to Pay $125,000 for Same-Sex Harassment in EEOC Lawsuit 27 FEB 14
C2.7 5th Circuit Court of Appeals: Equal Employment Opportunity Commission v. Boh Brothers Construction Company LLLC 11-30770 PDF 93.24kb, 27 JUL 12
R2.6 Zanesville Times Recorder: Court of appeals finds that same-sex harassment isn't always illegal 19 AUG 12
C2.5 Court of Appeals for the 5th Circuit: John Cherry vs. Shaw Coastal Inc. 11-30403 PDF 100.27kb, 19 JAN 12
R2.4 Business Insurance: Appeals court overturns most of dismissal in same-sex harassment suit 23 JAN 12
C2.3 EEOC v. Boh Brothers Construction Company, LLC (Civil Action No. 09-6460)
R2.2 EEOC: EEOC Obtains $451,000 Jury Verdict Against Boh Brothers Construction Co. For Male-On-male Sexual Harassment 29 MAR 11
R2.1 Capital Q: Oil-Rig Case Settled 30 OCT 98

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