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
Palazzo v. Mire
Alan Duke. Hawaii to become 16th state to legalize same-sex marriage. http://www.cnn.com/2013/11/12/us/hawaii-same-sex-marriage/
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- There exist a plethora of moral dilemmas that challenge our society today. One of the most heated is the debate on same-sex marriage, also known as gay marriage. The question is simple, is same-sex marriage morally permissible. At first glance the question seems quite easy, simplistic, or even elementary. However, there is actually a lot at stake within the question. It is not simply a question of should same-sex marriage be legal, but rather, is it moral. I will present the views on this dilemma from two different philosophers, John Stuart Mill and Aristotle.... [tags: Same-sex marriage, Marriage, Ethics]
1589 words (4.5 pages)
- For my anthropology now paper, I wanted to pick a topic as close to my heart as I could find. I wanted to pick the first article that grabbed my attention when same sex marriage was legalized in the United States. Searching for my topic left me in a little bit of despair. Should I choose race and really talk about something I’ve had experience with. Perhaps I should of choose gender and played it safe. In the end, marriage was really what caught my eye. Speaking from a person born and raised in the United States, marriage is something we take seriously.... [tags: Marriage, Same-sex marriage, Homosexuality]
1181 words (3.4 pages)
- What do non-traditional and traditional families have in common. No matter the family dynamic, there is most likely a child being raised. This commonality is a source of controversy, especially in regards to fertilization technologies. Jennifer Morse is the founder of Ruth Institute, a non-profit educator and promoter of lifelong marriage. In her article, “First Comes Marriage”, Morse argues that only heterosexual married couples have the right to have children through natural procreation. On the contrary, The Ethics Committee of the American Society for Reproductive Medicine published an article titled, “Access to Fertility Treatment by Gays, Lesbians, and Unmarried Persons.” The committee... [tags: Family Issues]
896 words (2.6 pages)
- Public opinion surrounding homosexuality has been an extremely controversial and dividing issue in America since the early 20th century. In the 1950s up until the current decade a section of the population viewed homosexuality as sinful and therefore, should not legally be practiced. Homosexuals in the 1950s through 2000 were portrayed as sexual deviants and pedophiles that prey upon innocent women and children. However, the public opinion has changed. Today the majority of Americans view homosexuality as normal and accept it as a part of everyday culture.... [tags: Homosexuality, Same-sex marriage]
1446 words (4.1 pages)
- Introduction Equality is a prominent topic of debate. Although the gay and lesbian community has progressed, the fight for equality remains. Recognition and legalization of same-sex marriage still falls within the minority rule amongst the states, but will soon be the majority. California , Delaware , Connecticut , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , New Hampshire , New Jersey , New Mexico , New York , Rhode Island , Vermont , Washington , Iowa , and Washington D.C.... [tags: gays, lesbians, minority programs]
1392 words (4 pages)
- The Effectiveness of a Public School For many years, receiving an education has been one of the main ways people become successful. Without the access to an education, the likeliness of an individual growing up in poverty is very high. For the reason that a good education is important, the process of parents choosing the educational environment in which their child will obtain a diploma is even more important. In today’s society, many people look at private schools as the better choice roughly because of the tuition.... [tags: Teacher, Education, Independent school]
826 words (2.4 pages)
- Same-Sex Marriage Many people believe that marriage is an integral part of their lives. Currently, marriage is defined within the parameters of a partnership of one man and one woman. Under Canadian common law, a same-sex couple cannot get married and the government refuses to acknowledge homosexuals as equals. Prohibiting same-sex marriages in legislation is discrimination. Denying homosexuals the ability to form this bond violates freedom of expression, equality rights for minorities, and freedom of religion, provisions present in the Charter of Rights and Freedoms.... [tags: Homosexual Gay Lesbian Papers]
1929 words (5.5 pages)
- The Irrationality of Vermont’s Permission of Gay Marriage This essay explains the rationale behind the Vermont decision - and its effect upon conservative groups especially. In December of 1999, the Supreme Court of Vermont decided that it was, on balance, a violation of the Constitution of Vermont to withhold from couples of the same sex the benefits that flow to married couples. But the court did not think it proven that the laws on marriage had been animated by any intention to discriminate against women, lesbians, and gays in the way that other laws, in the past, had discriminated against blacks.... [tags: Argumentative Persuasive Topics]
1554 words (4.4 pages)
- Marriage, as both a legal institution and as a social tradition, has always been at the heart of the building blocks of American society. Throughout U.S. history, it has generally been understood, both legally and socially, as a monogamous union between two persons of opposite sexes. However, as the gay and lesbian liberation movement gains increasing exposure and influence, the topic of same-sex marriage has been brought to discussion. In the following pages, the legitimacy of same-sex marriages/partnership will be discussed, as well as the best means to achieve such an end.... [tags: Same-Sex Marriage ]
3792 words (10.8 pages)
- In today’s society there are many factors that contribute to the ever-continuing social inequality of people through out Canada. It is no wonder as to why there are so many stereotypes of what is socially ‘acceptable’ and what isn’t when the media is forcing these ‘norms’ into our minds. What is ‘ideal’ with in today’s expectations isn’t always attainable due the fact that everyone is different. One of the most controversial topics being discussed today is view on same sex marriage. This notorious topic is nothing new, however, there is an ongoing debate as to whether or not make it legal for couples of the same sex to engage in a marital status.... [tags: Same Sex Marriage Essays]
878 words (2.5 pages)