LGBT rights in Louisiana
| LGBT rights in Louisiana | |
|---|---|
 Louisiana (US) |
|
| Same-sex sexual activity legal? | Legal since 2003 (Lawrence v. Texas) |
| Gender identity/expression | - |
| Discrimination protections | None (see below) |
| Family rights | |
| Recognition of relationships |
None |
|
Restrictions:
|
Louisiana Constitutional Amendment 1 (2004) limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions Louisiana Civil Code article 89 prohibits persons of the same sex contracting a marriage. Louisiana Civil Code article 3520 bans the recognition of purported same-sex marriages from other states. |
| Adoption | - |
Same-sex sexual activity is legal in Louisiana.
Contents |
[edit] Laws against same-sex sexual activity
Sexual acts between persons of the same sex are legal in Louisiana. They were previously criminalized under the state's sodomy laws, which applied to both homosexuals and heterosexuals. They were rendered unenforceable in 2003 by the U.S. Supreme Court's decision in Lawrence vs. Texas.[1]
[edit] Recognition of same-sex relationships
On September 18, 2004, by a significant margin, the voters of Louisiana approved a state constitutional amendment, Louisiana Constitutional Amendment 1, that banned same-sex marriages and civil unions. The measure did not ban domestic partnerships, however.[2]
Additionally, the Louisiana Civil Code prohibits same-sex couples from contracting to marry, and prohibits the recognition of purported same-sex marriages from other states.[3] Both articles were amended to include the prohibitions in 1999 by the legislature.
[edit] Adoption and parenting
Louisiana allows single persons to adopt, and does not explicitly deny adoption or second-parent adoption to same-sex couples.[4]
Louisiana has successfully defended in federal court its refusal to amend the birth certificate of a child born in Louisiana and adopted in New York by a same-sex married couple, who sought to have a new certificate issued with their names as parents as is standard practice for Louisiana-born children adopted by opposite-sex married couples.[5] On July 11, 2011, Lambda Legal, representing the plaintiffs in the case, Adar v. Smith, asked the Supreme Court to review the case.[6]
[edit] Discrimination protections
Discrimination protections concerning employment within the state were allowed to expire in 2008.[7]
[edit] Hate crimes law
Louisiana is one of the few southern states which extended hate crimes protection to cover sexual orientation. It does not cover gender identity.[8][9]
[edit] Public opinion
A February 2013 Public Policy Polling survey found that 29% of Louisiana voters thought that same-sex marriage should be legal, while 59% thought it should be illegal and 12% were not sure. A separate question on the same survey found that 54% of respondents supported legal recognition of same-sex couples, with 25% supporting same-sex marriage, 29% supporting civil unions, 41% opposing all legal recognition and 5% not sure.[10]
[edit] See also
- Politics of Louisiana
- LGBT rights in the United States
- Rights and responsibilities of marriages in the United States
References
- ^ New York Times: "Supreme Court Strikes Down Texas Law Banning Sodomy," June 26, 2003. Retrieved April 13, 2011.
- ^ Same-sex marriage in Louisiana
- ^ La. C.C. arts. 89, 3520
- ^ Huan Rights Campaign: Louisiana Adoption Law . Retrieved April 13, 2011.
- ^ NOLA: "Gay dads lose appeal in Louisiana birth certificate case," April 12, 2011. Retrieved April 13, 2011.
- ^ Wall Street Journal: July 11, 2011. Retrieved July 11, 2011.
- ^ Louisiana gov. drops gay anti-discrimination order
- ^ Louisiana Hate Crimes Law
- ^ Ramon Johnson, "Hate Crime Laws and Sexual Orientation". Retrieved April 13, 2011.
- ^ Clinton tied or ahead against GOP candidates in Louisiana
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