ACLU Sues Bobby Jindal

Two civil rights groups and six individuals are suing the Governor of Louisiana over his unconstitutional executive order “protecting” Christians from same-sex marriage.

Back in May, Bobby Jindal‘s dream of adding to Louisiana law a religious freedom bill that would “protect” Christians from LGBT people and gay marriage failed so miserably it didn’t even pass out of committee – despite him personally advocating for and demanding the legislature pass it. 

So the Republican Louisiana Governor, having chastised President Barack Obama for lawful use of executive orders to determine which undocumented immigrants would not be deported, based on their family ties in the U.S., signed an executive order designed to, as he wrote an op-ed, fight “discrimination against Christian individuals and businesses.” Not, say, “people of faith,” or, “those with deeply held religious beliefs,” but “Christian individuals and businesses.”

LOOK: Bobby Jindal Signed An Executive Order Giving Clerks Religious Right To Not Issue Marriage Licenses

On Monday, after the Supreme Court found same-sex couples have a constitutional right to marry, Gov. Jindal had his legal counsel draft a memo explaining to all branches of government that his executive order shields government employees from having to, say, issue a marriage license to a same-sex couple, or officiate a same-sex couple’s wedding.

Today, the ACLU Foundation of Louisiana, Forum for Equality Foundation, and six individuals filed suit against Gov. Bobby Jindal’s “Marriage and Conscience Order,” stating “it goes beyond his constitutional authority as governor.”

In a press release, the ACLU notes their lawsuit “asserts that the ‘Marriage and Conscience Order’ creates a class of persons who are protected over others due to their belief that same-sex couples should be denied marriage equality.”

Under the Louisiana Constitution, the governor is not authorized to create a substantive right by executive order. The “Marriage and Conscience Order” creates substantive rights in favor of those who oppose marriage equality, and therefore is invalid. 

“Governor Jindal has violated the Louisiana Constitution by setting up special protections for those who share his belief system,” ACLU of Louisiana’s Executive Director Marjorie Esman said. “In our country no one is above the law, including the Governor. He swore to uphold the laws of Louisiana. This lawsuit seeks to hold him to that oath.”

 

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Image by Gage Skidmore via Flickr and a CC license