Louisiana’s Public Policy Regarding Same-Sex Marriage and Legitimacy of Children

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The Current State of the Law in Louisiana Louisiana’s Public Policy Regarding Same-Sex Marriage and Legitimacy of Children Whenever matters of same-sex marriage arise, politicians and conservatives in Louisiana quickly reference Louisiana’s Constitution and the Civil Code, which ban and make it against public policy to enter into or acknowledge same-sex marriage. Louisiana’s public policy argument against same-sex marriage is primarily to protect their civil law tradition of marriage. The consensus from the senate floor was the civil law tradition had to be protected by more than just the Civil Code to continue the historic tradition of marriage existing only between a man and woman, and the way to accomplish this was to have the language added to the state constitution. Furthermore, supporters of the amendment argue it protects traditional marriage from all future threats. More so, supporters argue that the language in the amendment falls in line with the language of other civil code articles relating to marriage. For example, La. C.C. Art. 86 defines marriage as a civil contract entered by a man and woman, La. C.C. Art. 89 makes same-sex marriage an impediment, and La. C.C. Art. 94 states that a marriage with an impediment is an absolute nullity. Outside of the traditional and legal arguments, many anti-marriage equality supporters have religious, biological, and parenting arguments against same-sex marriage. A number of cases have relied on these arguments against same-sex marriage. Legitimacy of Children Louisiana also has a historically rooted public policy regarding legitimacy of children, reasoning that it is for protection and promotion of the family unit. Under Louisiana law, unmarried couples are not required ... ... middle of paper ... ...y and Visitation Rights and Child Support Obligations of De Facto Parents, Lesbian, Gay, Bisexual, and Transgender Family Law § 7:14, Dec. 2013. ALI Principles § 2.03 (b) (2000). Miller, quoting rule 1401 (a)(8)of the Juvenile Court Rules of the California Rules of Court. In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48, See In re Guardianship of Z.C.W., 84 Cal.Rptr.2d 48 (Ct. App. 1999) (holding a lesbian parent is not entitled to custody of a child conceived during a same-sex relationship); Curiale v. Reagan, 272 Cal. Rptr. 520 (Ct. App. 1990) (holding that a non-parent had no standing to seek custody against a child’s natural parent.) William Reppy, Jr. & Cynthia Samuel Id. Id. Id. Palazzo v. Mire Leitsinger Alan Duke. Hawaii to become 16th state to legalize same-sex marriage. http://www.cnn.com/2013/11/12/us/hawaii-same-sex-marriage/

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