Arguments were heard in New Orleans challenging Louisiana’s Defense of Marriage Act, which denies marriage to same sex couples.
Louisiana was one of three Defense of Marriage Act cases heard by the US Fifth Circuit Court of Appeals. In addition to Louisiana, cases for Mississippi and Texas were also heard by the three-judge panel.
Ken Upton is the Senior Counsel for Lambda Legal. That organization is representing a group of seven Louisiana same sex couples who are appealing a recent federal judge’s decision to uphold the state ban.
Camilla Taylor, also from Lambda Legal, made the argument for the seven Louisiana same sex couples in front of the 5th District Court.
“We got a respectful hearing, we got a lot of great questions from the members of the panel, there seemed to be some significant discomfort with the unequal treatment that same sex couples and their children have been experiencing,” she said.
Special Counsel Kyle Duncan represented the State of Louisiana at the hearing. Duncan asserted that same sex unions create a less stable environment for children.
Duncan also argued the definition of marriage should be determined at the state level, through a vote, not by federal courts.
The Defense of Marriage Act was overwhelmingly approved by Louisiana voters in 2004.
Gene Mills is the president of Louisiana Family Forum. He wants that vote to stand.
"If you take that choice away from the people, then you remove their opportunity, both to understand the deliberative process and also to weigh in on it," he said.
Havard Scott and Sergio March of Shreveport were one of the seven couples represented in the Louisiana case. Scott says he’s optimistic about todays hearing.
“We want our love to be respected to the same extent that other peoples marriages are respected and we see no reason why the state of Louisiana can’t respect our marriage like the marriages of other people.”
It could take months for the 5th Circuit Court to rule on the Louisiana, Texas and Mississippi appeals.
A simultaneous case is being considered by the Supreme Court that could include the constitutionality of Louisiana’s Defense of Marriage Act.