LA. SUPREME COURT UPHOLDS STATE MARRIAGE AMENDMENT: From the New Orleans Times-Picayune

Louisiana's constitutional amendment defining marriage as the union of "one man and one woman" was correctly written by lawmakers and properly cast into law by voters, a unanimous state Supreme Court said Wednesday.

But the amendment does not erode the rights of any unmarried couple to own property, enter into power-of-attorney contracts or craft wills, the court noted.

In a 32-page decision, the court reversed a Baton Rouge judge and upheld the amendment, which Louisiana voters overwhelmingly approved in September.

Judge William Morvant had ruled the amendment improperly had more than one purpose, but the Supreme Court disagreed.

Both sides of the gay marriage debate claimed victory. ...

Opponents of the amendment view the high court's ruling as limiting an amendment that could have been worse for gay couples.

Attorney Randy Evans of the Forum for Equality, a gay rights group that challenged the amendment along with others after last year's election, hailed the court's clear defense of property and other rights. "All of those rights are preserved," Evans said. "It's about protecting existing rights that unmarried couples presently have. The court affirmed those rights. From our perspective, today is a win." ...

Chief Justice Pascal Calogero Jr. wrote a separate concurring opinion, saying that the ruling does not disturb the fundamental contract and property rights of all people, whether gay or straight, married or single.

"Nothing in the majority opinion would prohibit an unmarried couple from contacting to be co-owners of property, from designating each other agents authorized to make critical end-of-life decisions, or from leaving property to each other through wills," Calogero wrote.

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the ruling is here (PDF)
posted by Eve at 1:38 AM | link

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