LAFAYETTE — The Louisiana Supreme Court announced Friday it has agreed to hear the state Attorney General’s Office appeal of a ruling by a Lafayette judge last month striking down Louisiana’s same-sex marriage ban.
Fifteenth Judicial District Judge Edward Rubin’s ruling had no immediate impact on the status of same-sex marriages in Louisiana, and he had granted a request by the AG’s Office to suspend the ruling pending appeal.
The state’s highest court has set no timeline on when to hear the case but has asked attorneys on both sides to file legal briefs on the issue by year’s end, said attorney Kyle Duncan, who was hired by the state to handle challenges to the same-sex marriage ban.
Supporters of same-sex marriage have praised Rubin’s ruling, which came just weeks after U.S. District Judge Martin Feldman upheld the same-sex ban in a case out of New Orleans.
Rubin made his ruling in an adoption case involving Angela Costanza and Chasity Brewer. They legally married in California in 2008 and now live in Lafayette.
Costanza sought to be legally recognized as a parent to Brewer’s son, raising the issue of the validity under Louisiana law of their California marriage license.
Rubin found that Louisiana’s ban on same-sex marriage violates the due process and equal protection clauses of the 14th Amendment and the U.S. Constitution’s “full faith and credit clause,” which calls for each state to recognize the laws and court decisions of other states.
The judge also declared unconstitutional a state Department of Revenue policy that bars same-sex couples from filing joint state tax returns.