Breaking: Supreme Court To Consider Louisiana Same-Sex Marriage Case

The U.S. Supreme Court next month will consider the Louisiana same-sex marriage case that became the first to lose in federal court since DOMA was overturned.

On September 3, breaking a string of 38 federal decisions supporting same-sex marriage plaintiffs, Reagan-appointed federal Judge Martin Feldman ruled against same-sex couples in what has become an historic case, Robicheaux v. George (originally Robicheaux v. Caldwell). Many considered that ruling–which included a fear of legalizing incest–among other illogical and biased reasons, grievously flawed. 

The 5th Circuit Court of Appeals will hear the case, along with another, De Leon v. Perry, on January 9. 

But today the U.S. Supreme Court issued a notice that states on that same day, January 9, the Court will consider reviewing Robicheaux v. George. The Court meets several times a year, in highly secretive closed-door meetings, to consider cases to review. 

“We are grateful that the Supreme Court will be considering our case and are hopeful that they will see the importance of taking up this issue sooner rather than later,” Derek Penton-Robicheaux told The New Civil Rights Movement this afternoon. “As fate would have it, we will also be in oral arguments before the Fifth Circuit Court of Appeals that same morning. What exciting way to start the new year.”

Court watchers will remember that in October, the Supreme Court met and refused to review any same-sex marriage cases, leading to a flurry of states having to allow same-sex marriage, amid the dropping of several stays. Several states are still embattled in attempts to delay or ward off the inevitable.

The Supreme Court could also consider cases in the 6th Circuit, Kentucky, Michigan, Ohio and Tennessee, after that Court ruled last month that states can, indeed, ban same-sex marriage, setting up a constitutional crisis.

“If the Court makes no mention of the marriage cases after the conference, the cases will likely be relisted for consideration at a future conference, Freedom to Marry notes. “The subsequent conferences this winter will be held on January 16 and January 23.” 

HRC is urging the Supreme Court to review the case and to decide for equality.

“There’s no question that the U.S. Supreme Court must decide the issue once and for all,” HRC Legal Director Sarah Warbelow said in a statement. “The existing patchwork of marriage laws across the country creates immense challenges for same-sex couples who simply want a fair shot at protecting and providing for themselves and their families.  A strong majority of Americans, along with dozens of federal courts across the country, agree that states should not be able to continue discriminating against couples who wish to have their relationships recognized as valid under the law.”

 

Editor’s note: Derek Penton-Robicheaux is a contributing writer for The New Civil Rights Movement.

Image via Derek Penton-Robicheaux. Used by permission.