- LGBT rights in Louisiana
LGBT rights in Louisiana
Same-sex sexual activity legal? Legal since 2003
(Lawrence v. Texas)
Gender identity/expression - Recognition of
NoneRestrictions: Louisiana Constitutional Amendment 1 (2004) limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions
Louisiana Civil Code article 89 prohibits persons of the same sex contracting a marriage.
Louisiana Civil Code article 3520 bans the recognition of purported same-sex marriages from other states.
Adoption - Discrimination protections None (see below)
Same-sex sexual activity is legal in Louisiana.
Laws against same-sex sexual activity
Sexual acts between persons of the same sex are legal in Louisiana. They were previously criminalized under the state's sodomy laws, which applied to both homosexuals and heterosexuals. They were rendered unenforceable in 2003 by the U.S. Supreme Court's decision in Lawrence vs. Texas.
Recognition of same-sex relationships
On September 18, 2004, by a significant margin, the voters of Louisiana approved a state constitutional amendment, Louisiana Constitutional Amendment 1, that banned same-sex marriages and civil unions. The measure did not ban domestic partnerships, however.
Additionally, the Louisiana Civil Code prohibits same-sex couples from contracting to marry, and prohibits the recognition of purported same-sex marriages from other states. Both articles were amended to include the prohibitions in 1999 by the legislature.
Adoption and parenting
Louisiana allows single persons to adopt, and does not explicitly deny adoption or second-parent adoption to same-sex couples.
Louisiana has successfully defended in federal court its refusal to amend the birth certificate of a child born in Louisiana and adopted in New York by a same-sex married couple, who sought to have a new certificate issued with their names as parents as is standard practice for Louisiana-born children adopted by opposite-sex married couples. On July 11, 2011, Lambda Legal, representing the plaintiffs in the case, Adar v. Smith, asked the Supreme Court to review the case.
Discrimination protections concerning employment within the state were allowed to expire in 2008.
Hate crimes law
- Politics of Louisiana
- LGBT rights in the United States
- Rights and responsibilities of marriages in the United States
- ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003, accessed April 13, 2011
- ^ Same-sex marriage in Louisiana
- ^ La. C.C. arts. 89, 3520
- ^ Huan Rights Campaign: Louisiana Adoption Law , accessed April 13, 2011
- ^ NOLA: "Gay dads lose appeal in Louisiana birth certificate case," April 12, 2011, accessed April 13, 2011
- ^ Wall Street Journal: July 11, 2011, accessed July 11, 2011
- ^ Louisiana gov. drops gay anti-discrimination order
- ^ Louisiana Hate Crimes Law
- ^ Ramon Johnson, "Hate Crime Laws and Sexual Orientation", accessed April 13, 2011
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precedentsState amendments banning same-sex unions (Defense of Marriage Act) · Hate crime laws in the United States (Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act) · Sodomy laws in the United States (Lawrence v. Texas)
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