Federal Judge Rules Against Gay Marriage

It’s been sad to see how many liberal judges have been succumbing to the pressure of gay rights advocates. Time and again we’ve seen one judge after another over turn states’ bans on same sex marriages and the recognition of those marriages from other states.

In Ohio, and several others states, amendments have been passed by a majority vote of the people to define marriage as the legal union between one man and one woman. Yet Ohio’s constitutional amendment is now being reviewed by a federal court. In all likelihood, one to three judges will probably overturn the will of the people and declare the amendment unconstitutional and force the state to allow the abominable practice.

To date, 21 states along the District of Columbia have legalized same sex marriages. Yesterday a federal appeals court overturned gay marriage bans in Indiana and Wisconsin. Lawsuits have been filed in the other 29 states by gay activists who hope to turn America into a modern day Sodom and Gomorrah, and we know what happened to them.

However, that’s not the case in Louisiana where gays took their lawsuit to the federal court. Louisiana had laws that banned same sex marriage in the Bayou State along with not recognizing the same sex marriages performed in other states as being legal in Louisiana.

Earlier this week, US District Judge Martin Feldman ruled in the case of Robicheaux, et al v. Caldwell, et al, to uphold Louisiana’s ban on same sex marriages and the denial of recognition of such marriages performed in other states. He explained that the gay activists did not make a sufficient case in proving that Louisiana’s ban of gay marriages was unconstitutional or that it violated any due process as defined by the Constitution.

In his ruling, Feldman wrote that states have the legal right to define marriage, citing the US Supreme Court’s ruling in United States v. Windsor, Executor of the Estate of Spyer, et.al. Feldman wrote:

“[t]he Court finds that Louisiana’s definition of marriage as between one man and one woman and the limitation on recognition of same-sex marriages permitted by law in other states found in Article XII, Section 15 of the Louisiana Constitution and article 3520(B) of the Louisiana Civil Code do not infringe the guarantees of the Equal Protection and Due Process Clauses of the United States Constitution.”

Gene Mills, President of the Louisiana Family Forum was thrilled with the judge’s ruling, commenting:

“This ruling confirms that the people of Louisiana – not the federal courts – have the constitutional right to decide how marriage is defined in this state.”

“Louisiana Attorney General Buddy Caldwell and his special counsel, Kyle Duncan and Mike Johnson, deserve our thanks and praise for a job well done.”

“LFF is aware that this decision will likely be appealed to the United States Court of Appeals for the Fifth Circuit and finally resolved before the Supreme Court of the United States. It is our belief that this Louisiana legal team and their compelling argument should be ‘The Defining Case’ that settles the question of whether a state has the right to define marriage as between one man and one woman, or whether the courts will take that right from the people.”

In an interview with OneNewsNow Mills went on to say:

“In fact, he cites that – and he confirms that it’s the people, not the federal courts, that have a constitutional right to decide how marriage is defined, and we did that in 2004 by a 78-percent margin. The people said yes, it ought to be between one man and one woman.”

“I think Judge Martin Feldman got it correct. [He’s] first federal court judge in a while to actually rule correctly. He stated that Louisiana’s got a legitimate interest in addressing the meaning of marriage through the democratic process, and I’ll agree with his opinion.”

“I only pray that as this is appealed before the Fifth U.S. Circuit Court of Appeals and ultimately makes its way to the Supreme Court that our legal team in this case becomes the test case. I have good thoughts and good feelings about that opportunity and the results should they be able to do that.”

To my knowledge, this is the first case in which a judge has upheld a state law banning same sex marriage. That begs the question: if this case goes to the US Supreme Court and they rule in favor of Louisiana and the right for states to establish their own definitions of marriage, will any of the cases that have been previously ruled on be overturned?

In many of the states that have legalized same-sex marriages, the courts declared the state laws unconstitutional, but that could all change depending on the outcome of Louisiana case. Wouldn’t it be great if the Supreme Court agrees with Judge Feldman and all of the states go back and redefine marriage as one man and one woman?

It will be interesting to see what happens and worth following.