Robicheaux et al. – Our Day in Federal Court

Marriage Equality has swept the land over the last year since the ruling in Windsor vs. The United States. This week was no different with the striking of the Indiana ban and the 10^th Circuit upholding a lower court’s decision in the Utah case.  Another case went to Federal Court this week – our very own little case here in Louisiana.

If you’ve been paying attention to my articles and following us, you’ve seen this little case evolve over the past 11 months. 

On Wednesday June 25^th 2014, my husband and I woke up and did our morning routine. This morning would be a little different, we weren’t preparing for work, or to go on an outing.  We were preparing for Federal Court; the day had finally come for Louisiana’s equality case to go on trial.

As we entered the court room, which was filled to capacity with an overflow room next door, there was much chatter among the people, giving their opinions one way or another on what they thought the judge would say or ask. The feeling in the courtroom was one of excitement, but yet some caution. We felt the supporting vibe that was all around us and that would continue to follow us throughout the entire day.

Judge Feldman took his seat; he carefully explained what he expected in his courtroom. Feldman referred to the case as one of “insatiable national interest” and would not tolerate any outbursts. From the get go, the man commanded a certain kind of respect that, like him or not, you appreciated. Let me just say for the record, I like the man and highly respect him.

The judge allotted 30 minutes to each side. So the volleying of tennis match begins. The judge asked his questions, often times joking with the attorneys about needing whiskey in their cups instead of water — Because that’s how we roll in the Big Easy.

Feldman went on to say - 

“I wonder if the constitutional rights of the person in Windsor are properly defined as being the same rights as here today. Windsor basically said the federal government could not discriminate against New York. May or may not Louisiana do what the federal government cannot do itself?”

Feldman drilled his questions and statements out in commanding fashion, “I accept the fact the plaintiffs have a sense of having a grievance. The issue before the court is if that grievance rises to constitutional dignity.”

As the defense took the podium to hammer their side, the judge asks of Kyle Duncan, the lawyer from the attorney general’s office who represented the state: “There are 13 district courts that disagree with you. Why are you right? And keep in mind I mentored some of those judges.”

That state argued that in Windsor (the state only quoted from seven pages as their defense,) Kennedy wrote that the state of New York had a constitutional right to have its voters choose whether to have same-sex marriage and that the government could not interfere with that. Voters and Louisiana also had that same right when they put the marriage ban in place, according to Duncan.  While we disagree, the question will come down to does it violate federal constitutional rights?

After the arguments, the judge pulled something that I see daily as I watch Days of Our Lives. Originally it was decided by all parties, mainly Feldman, that the only section of the lawsuit that would be handled in this hearing was recognition of the out of state marriages, leaving the in state marriage question and the 1^st amendment question to a later time. But Judge Feldman stated he did not want to “piecemeal” this decision.  “I feel uncomfortable resolving some issues one way or the other and not all issues one way or another,” explained Feldman.

Overall we are happy with that decision, giving the chance for every LGBT couple currently residing in Louisiana the opportunity to marry in their home. To deal with this issue, the judge brought counsel for all parties into his chambers. 

The ultimate decision is that Judge Feldman wants more briefs from the parties that will be due in 21 days. He will then decide if he wants replies from each side and then another oral argument session. In my opinion, and it’s my opinion only, I don’t think he will call for more arguments, everything was said today in court. I am taking a stab, but I believe that he will rule on this case sometime in mid to late August or early September. There is a lot of precedence out there for him to look at with all the other favorable district court rulings, not to mention a favorable higher court ruling in the 10^th Circuit Court of Appeals that came down while we were in court.

We pray for a favorable ruling, and feel good about our day in court.  However the ruling comes out, we expect the state to appeal, and we will definitely appeal a non-favorable ruling. We have come too far on this path to stop now! On behalf of my husband and I, and all the other plaintiffs, I’d like to say thank you to everyone who has sent us words of encouragement, and has supported us from day one. You don’t know what it means to have those positive things flow into our email boxes and on face book, we see a lot of negativity out there so it’s nice to see your support and love– To keep up with our case please like our Facebook page and navigate to our website.

 

 

Derek Penton-Robicheaux, 36, is a native of Mississippi and a longtime resident of New Orleans.  He holds degrees in computer information systems and paramedicine.

 After more than five years together, Derek and his husband, Jonathan Penton-Robicheaux, were legally married in Iowa on Sept. 23, 2012. The two are the first plaintiffs involved in the Federal Same-Sex Marriage Lawsuit in Louisiana, Robicheaux et al. v Caldwell.