Breaking: Federal Judge Becomes First Since DOMA To Uphold State Marriage Ban

Judge Martin Feldman just became the first federal judge to rule against a same-sex couple since the Supreme Court’s DOMA decision last year.

A federal judge has just broken the string of 38 federal decisions supporting same-sex marriage plaintiffs. Reagan-appointee Martin Feldman of the United States District Court for the Eastern District of Louisiana today ruled that the State of Louisiana has a “legitimate interest” in banning same-sex couples from the institution of marriage.

“This Court is persuaded that Louisiana has a legitimate interest…whether obsolete in the opinion of some, or not, in the opinion of others…in linking children to an intact family formed by their two biological parents, as specifically underscored by Justice Kennedy in Windsor.”

“The public contradictions and heated disputes among the community of social scientists, clergy, politicians, and thinkers about what is marriage confirms and clearly sends the message that the state has a legitimate interest, a rational basis, in addressing the meaning of marriage.”

“It would no doubt be celebrated to be in the company of the near-unanimity of the many other federal courts that have spoken to this pressing issue, if this Court were confident in the belief that those cases provide a correct guide,” Feldman, who is 80,  continued. “Clearly, many other courts will have an opportunity to take up the issue of same-sex marriage; courts of appeals and, at some point, the U.S. Supreme Court. The decision of this Court is but one studied decision among many.”

One of the plaintiffs in the case, originally Robicheaux v. Caldwell, now Robicheaux v. George, is Derek Penton-Robicheaux, a contributing writer with The New Civil Rights Movement.

“We have read and are disappointed in the decision,” Robicheaux told The New Civil Rights Movement today. “We will continue to explore all of our options. We have always known that this would not be the end all decision for either parties involved, we will continue to move forward.”

MetroWeekly’s Justin Snow adds:

Since last year’s ruling in Windsor, federal courts have overturned same-sex marriage bans in Utah, Ohio, Oklahoma, Kentucky, Idaho, Illinois, Indiana, Michigan, Pennsylvania, Tennessee, Texas, Virginia, Oregon, Wisconsin, Indiana, Colorado and Florida. Federal appeals courts have upheld such rulings in Utah, Oklahoma and Virginia. The Supreme Court has been asked to hear all three of those decisions.

The complete ruling can be read at MetroWeekly.

UPDATE: Fear Of Legalizing Incest Underlies Federal Judge’s Ruling Against Same-Sex Marriage