WE WIN!!! Louisiana Supreme Court Protects Rights of Unmarried Couples

"While the Louisiana Supreme Court did not throw out the Constitutional Amendment today, they did give us a win on our main legal objective" said Tim Hornback, Executive Director of the Forum For Equality. The Forum's lawsuit was always about protecting the existing rights of unmarried couples--- both gay and straight. The Supreme Court did that today stating that they did not interpret the Amendment as affecting any of those existing rights --- and specifically listed as examples inheritance, powers of attorney, property co-ownership, and contracts. Since they used the term "examples," this is not an exhaustive list. On page 31 of the decision, in footnote 31, the court said:

"As noted by the State in its brief to this court, this constitutional amendment would not impair any property rights, which are not "identical or substantially similar to" the package of unique property rights necessary to marriage. For example, the amendment would not prohibit an unmarried couple (either a same-sex couple or opposite-sex couple) from contracting to be co-owners of certain specific property they purchase together or from contracting with each other to designate each other his/her agent for making critical life or medical decisions for him/her in cases of medical emergencies where he/she might not be conscious or contracting as to one's power of attorney; nor does this amendment prohibit an unmarried couple from making wills leaving their estates to one another. See as reference Brief of Defendant-Appellant W. Fox McKeithen on the Merits, Forum for Equality PAC v. Honorable W. Fox McKeithen, 04-2477, 04-2523 (La. __), __So.2d __."

Chief Justice Calagero further explained the impact of this important language by adding in his concurrence that: "Nothing in the majority opinion would prohibit an unmarried couple from contracting to be co-owners of property, from designating each other agents authorized to make critical end of life decisions, or from leaving property to each other through wills. The majority opinion does not disturb or impair the fundamental contract and property rights possessed by all individuals, be they homosexual or heterosexual, married or unmarried."

While not specifically addressed in the decision, we believe that New Orleans Domestic Partnership is also safe. The Forum's lawsuit not only has protected our rights here in Louisiana, but Lambda Legal has already told us that will use it in other states to minimize the consequences of Amendments passed in those states.

We extend our deepest gratitude to our fellow plaintiffs, Louisiana Log Cabin Republicans, Laurence E. Best, Jeanne M. LeBlanc, Gerald W. Thibodeaux, William A. Schultz, and Julie A. Jacobs who joined the Forum in the lawsuit, and our attorneys John Rawls, Regina Mathews, and Randy Evans. We applaud you on this great legal victory.