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State court finds Louisiana same-sex marriage ban unconstitutional

KLFY News in Lafayette, La. is reporting that Louisiana state 15th Judicial District Judge Edward Rubin has ruled the state’s law prohibiting same-sex marriage is unconstitutional. Louisiana’s Defense of Marriage Constitutional Amendment was adopted by a statewide vote of 78% in 2004.

Less than three weeks ago, a federal court in New Orleans upheld Louisiana’s constitutional right to maintain its traditional definition of marriage.

Ruben ruled that Louisiana’s law was unconstitutional in three areas: the due process clause of 14th amendment, the equal protection clause of 14th amendment and the full faith and credit clause of the Constitution.

Attorneys believe the ruling might be appealed.

The U.S. District Court for the Eastern District of Louisiana decision upholding the Louisiana was the first federal court loss for marriage equality in more than a year. Since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last June in Windsor v. U.S., at least 40 consecutive lower courts have issued rulings that same-sex marriage must be imposed on the various states.

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