The plaintiffs in Louisiana’s same-sex marriage case are asking a federal appeals court to reverse U.S. District Court Judge Martin Feldman’s decision to uphold Louisiana’s ban on same-sex marriage, citing the U.S. Supreme Court’s landmark ruling on Friday legalizing same-sex unions across the country.
Last September, Feldman became the first federal judge to uphold such a ban since the Supreme Court’s last major ruling on same-sex marriage in 2013, which struck down a portion of the federal Defense of Marriage Act and set the stage for a barrage of lawsuits challenging bans in one state after another.
In a filing with the 5th Circuit Court of Appeals on Friday, attorney Kenneth Upton wrote on behalf of the same-sex couples challenging Louisiana’s ban that “the Fifth Circuit should summarily reverse and remand this case with instruction to the district court to immediately enter final judgment in favor of all appellants.”
In the meantime, it did not appear on Friday that most clerks’ of court would be immediately issuing marriage licenses to same-sex couples. Louisiana Attorney General Buddy Caldwell issued a statement saying that his office “found nothing in today’s decision that makes the Court’s order effective immediately.”
And the Louisiana Clerks of Court Association is telling local clerks to hold off until the end of a 25-day waiting period during which the Supreme Court can be asked to rehear a case.