The state is appealing a Lafayette judge’s ruling that Louisiana's ban on same-sex marriage is unconstitutional.
It was Judge Edward Rubin's second ruling that Angela Costanza of Broussard may adopt partner Chasity Brewer's son, and be listed as a parent on his birth certificate.
The two married in California, and the suit says it should be recognized.
Rubin's ruling in February was overturned by a state appellate court.
Lafayette attorney Joshua Guillory tells The Advocate he believes it's the first time a state judge has found the law unconstitutional.