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Gay Marriage Laws in Louisiana

Gay Marriage Laws in Louisiana

 

In Louisiana, gay marriage is currently illegal. In fact, Louisiana enacted the Defense of Marriage act like many other states that sought to define marriage in legal terms. In Louisiana, marriage is only legally recognized if it is a union between a man and a woman due to the language in DOMA. In addition, Louisiana passed legislation that banned gay marriage and civil unions from being recognized by the state, regardless of where they were performed. 

However, A judge overturned the legislation based on the fact that it covers same sex marriages and civil unions in unison. That ruling in currently being challenged in court. Currently, the legality of domestic partnership is not being questioned. Currently, in Louisiana, marriage is only recognized if it is a union between an opposite sex couple.

In Louisiana, gay rights are in serious decline. At one time, Louisiana had discrimination laws in place to protect the LGBT community. However, those protections were allowed to expire and the state currently offers no protections against discrimination in the LGBT community. Louisiana does currently cover sexual orientation under the hate crime laws, however gender identity is not covered by the Louisiana law.

In addition, Louisiana does not recognize same sex marriages that took place in another state. Same sex couples are afforded no legal rights or responsibilities because of their relationship. In Louisiana, gay rights seem to lacking the attention that they deserve. While the south is traditionally known for being more conservative, they should still strive to provide all citizens with equal rights.

In Louisiana, marriage or any form of a legally recognized same sex relationships, is legally forbidden. In fact, the laws are clearly discriminatory in Louisiana. Gay couples are offered no legal rights due to their relationship and in fact, they are offered no protection against discrimination. In Louisiana, Gay couples and individuals are fighting a battle to obtain the most basic rights afforded to the general public. 

While the LGBT is currently not protected from discrimination, one cannot expect that they will receive equal rights. In Louisiana, marriage may always be an issue for the gay community. In fact, the struggle for equal rights appears to be far from over in Louisiana. Marriage is a basic right but LGBT citizens need to fight for even the most basic rights in Louisiana, and many other states as well.

Keep Yourself Safe with a State Driving Curfew

Keep Yourself Safe with a State Driving Curfew


Curfew laws will prevent people from going out into public and into specific kinds of public spaces at certain points in the day, most commonly at certain points in the evening considered to be particularly late, and applicable to people under a certain age considered to consign greater experience and self-control. 


As such, curfew Laws in the U.S. can vary from state to state, and indeed from one municipality to another. 


Curfew laws may thus be regarded as one of the basic functions which state and otherwise local governments are generally tasked with, as opposed to that of the federal government. 


Curfew laws accordingly may vary in terms of the category of people on whom they are imposed, the particular hour of the day which curfew Laws require, and the enforcement measures which are put into place to enable curfew laws. As such, curfew Laws may involve different fines or penalties.

Does a Marriage Follow State Laws?

Does a Marriage Follow State Laws?

In the United States, each individual state will have its own state laws which are intended to promote the overall welfare of the state. However, even though state law is often times different from federal law, the United States as a country is ruled under federal law. 
State laws were created as a result of the reasons behind the American Revolution. Because it was a concern to implement a government that had all the central powers which could lead to a tyrannical rule, states were allowed to devise state laws to provide for the governing of the people within such states.
However, even though state law applies to each different state, It is the United States Federal Laws which rule the country as a whole. Furthermore, state laws and federal laws differ in the sense of the certain areas in which they apply. For example federal income tax concerns are governed by the federal laws, though matters such as marriage and divorce are overseen in state law. 

Is There a Difference Between Federal and State Law?

Is There a Difference Between Federal and State Law?

In the United States, there are laws that apply at the federal, state, and local levels. State laws in the countries are codes of legislation and statutes that are considered separate from those in kept in federal legislation, which apply to the nation as a whole. State laws are meant to not only establish certain legal applications, but essentially exist as the internal structure for the state’s government. 
Therefore, all state laws are created and implemented by the states unto themselves. Laws that are created by the state will often times be based on federal laws as well, though certain changes may be applied to make a particular statute more strict. 
An example can be in terms of the DUI laws that exist at the federal level. The federal laws regarding DUI BAC levels impose a national 0.08% limit. However, there are certain states that impose a lower limit and also a “zero tolerance” provision, further applying federal laws but making them more severe at the state level. 

Gay Marriage Laws in Indiana

Gay Marriage Laws in IndianaCurrently,
Indiana prohibits legal recognition for same sex marriage or for any
relationship between same sex couples. In fact, Indiana passed the Defense of
Marriage Act, which bans same sex unions through the use of language, without
explicitly forbidding it. While the state does have a statute that bans Indiana
gay marriages, they do not yet have an amendment in place that bans same sex
marriage. In fact, those supporting gay marriage rights argue that the
amendment will violate their constitutional rights. By attempting to pass the
amendment, the state opens itself to lawsuits that challenge equal rights for the
state’s citizens.

There are many citizens that are supporting gay marriage rights and the
benefits and responsibilities associated with the union. However, there are
also many that still hold onto the definition of marriage that includes
language describing a marriage as a union between a man and a woman. In fact,
the state has tried to put an additional legal ban for gay marriage into place
through a constitutional amendment. 



However, the measure failed to pass and it
cannot be voted on again until 2012. The state does have a statute that forbids
same sex marriage but many argue that it is much easier to overturn a statue
than it is to remove an amendment from the state’s Constitution. Many that are supporting
gay marriage, have fought hard to prevent the passage of the amendment. In
fact, those supporting gay marriage believe that they can have the statute
overturned before the new amendment is in place.

In Indiana, gay rights ideals are involved in a conflict between supporters and
those that oppose equal rights for all. Many citizens are supporting gay
marriage rights and do not want an amendment in place that would forbid same
sex marriage. In Indiana, gay marriage rights are really undecided by the
state. 


If the constitutional amendment passes, it will be much more difficult
for the LGBT community to obtain equal rights up to, and including marriage.
However, if the amendment fails to pass, the state may overturn the statute and
open the legal possibility of gay marriage in Indiana. Gay rights may be moving
in the right direct, aiming for equality for all citizens, regardless of sexual
orientation of gender identity. In Indiana, gay marriage is one right that will
move equal rights in the right direction.

Gay Marriage Laws in Iowa

Gay Marriage Laws in IowaIn Iowa,
gay marriage is legally recognized as of April, 2009. While there are many that
favor the gay marriage pros rather than focusing on the cons, many other states
still fail to legally recognize gay marriage. Iowa is similar to other states
because it had originally adopted DOMA. The Defense of Marriage Act was enacted
to protect the sanctity of marriage as a union between a man and a woman. 


However, the state did vote down a constitutional amendment that would have
banned same sex marriages in the state. In fact, the constitutional Amendment
would have disallowed any legal recognition of same sex relationships. Gay marriage
pros include the legal recognition of relationships and the benefits associated
with marriage.

In Iowa, gay marriage was forbidden from being recognized due to the language
in the Defense of Marriage Act. In fact, many states choose this route because
they only legally recognize marriages between opposite sex couples due to the
nature of the language in DOMA. However, the constitutional amendment that
sought to ban gay marriage was struck down because it violated the
constitutional rights of members of the LGBT community. 


Once marriage was
decided to be a constitutional right, Iowa had to begin to legally recognize
same sex marriage. One gay marriage pro is that it offers an equal opportunity
for all citizens to marry and enjoy the benefits of a legally recognized
marriage. In Iowa, gay marriages allow every individual the right to benefits
that one can only acquire through marriage.

In Iowa, gay marriage was legally recognized for a brief period in 2007.In
fact, several marriage licenses were issued and two same sex weddings took
place. However, a stay was issued and a hold was put on the legal recognition
of same sex marriages. Many individuals were outraged and the event sparked a
debate about gay marriage pros. 


Later, there was a lawsuit that argued that the
ruling violated constitutional rights and the state legally recognized same sex
marriages. In fact, Iowa currently recognizes same sex marriages that were
performed in another state.

In Iowa, it is understood that the state saves millions by allowing gay
marriages. Pro gay marriage advocates believe that the revenue form same sex
marriages will help to balance the states budget. In Iowa, gay marriages are
currently recognized and citizens can enjoy all the rights and responsibilities
associated with marriage.

Gay Marriage Laws in Idaho

Gay Marriage Laws in Idaho

In Idaho,
gay rights are severely lacking. In fact, those for gay marriage have encounter
a large opposition form the population. Like many states, Idaho has a Defense
of Marriage Act. The Act defines marriage as a union between opposite sex
partners. In addition, the state banned same sex marriage in 2006. In fact, the
Amendment passed with over 70 percent of votes. In Idaho, gay marriage was
banned, thereby forbidding many rights for same sex couples.  The
Amendment banned same sex marriage as well as any legal recognition for any
types of relationships between same sex individuals.

The Defense of marriage Act has been approved by many states. By defining
marriage as a union between a man and a woman, states effectively forbid gay
marriage. However, many states have also begun to pass laws that strictly
forbid gay marriage in addition to the Defense of Marriage Act. Those that are for
gay marriage, believe that these Acts are unconstitutional and prevent
individuals from having equal rights. By preventing access to equal rights,
states are discriminating against individuals based on their sexual orientation
or gender identity.

In Idaho, gay couples have no rights regarding their relationship. For example,
one partner may not make any decisions regarding the health care of the other
partner. In fact, they may not even have hospital visitation rights because
they are not related. In addition, same sex couples have no rights regarding
property or inheritance. Those that are for gay marriage, believe that laws
that forbid gay marriage, are unconstitutional because they prevent couples
from attaining rights that afforded to other couples.

In Idaho, gay marriage was banned by an overwhelming percentage of the
population. Those for gay marriage, encountered a large opposition. In fact,
individuals for gay marriage are not likely to see any change in the immediate
future. In Idaho, gay rights have been taken away because of the LGBT
communities  inability to have their relationship legally recognized in
any form.

Gay Marriage Laws in Illinois

Gay Marriage Laws in IllinoisIn Illinois,
gay rights are receiving some consideration by the courts. There are currently
no laws in Illinois that pertain to civil unions. In fact, civil unions are
neither legal or illegal. Several times, there were bills that were meant to
legalize civil unions but they were never put to a vote, so no one is sure how
the courts feel about gay marriage law in Illinois. 


In 2007, the Religious
Freedom and Marriage Fairness Act was introduced. However, it was never voted
on. If it had been approved, it would have legalized gay marriage. Laws up to
now, are not inclusive of gay marriage in Illinois. However, gay marriage law
does not forbid the legal recognition of same sex relationships either.

In Illinois, gay marriage has been included on several Bills. The Bill that was
meant to legalize civil unions, was reintroduced in 2009. However, it remained
stagnant. In fact, there was never a vote. Perhaps, Illinois is hesitant to
enact gay marriage laws because they fear public outrage. However, it appears
that the public generally supports legal recognition of same sex relationships.
Because of the courts consideration of civil unions in Illinois, gay rights are
slowly moving in the right direction.

Recently, a bill was introduced that would define marriage as a union between
two people, rather than a union between a man and a woman.The bill has no yet
moved. Although the Equal Marriage Act was introduced in 2009, it remains
unapproved. Illinois seems to be slow in passing gay marriage laws. However,
the courts are  likely to eventually allow gay marriage in Illinois.


Gay rights
are likely to advance and move toward equality. In Illinois, gay rights were
questioned when the defense of marriage Act passed in 1996. However, in Illinois,
gay rights seem to be held with higher importance than the actual legal
definition of marriage.

Gay Marriage Laws in Hawaii

Gay Marriage Laws in Hawaii

In 1993, the State Supreme Court ruled in favor of gay
marriage in Hawaii. However, the Supreme court was overruled by an amendment
that stated the Supreme court did not have that decision making authority. Gay
marriage in Hawaii was quickly made illegal by the legislature. However, Hawaii
does allow for some rights as they relate to domestic partnership. In 1997,
Hawaii began to offer reciprocal beneficiary registration. Gay marriage in
Hawaii is not legal, but same sex couples can be afforded the same rights as
married couples. In Hawaii, gay marriage is only illegal by definition. In
fact, same sex couples in Hawaii are afforded more rights that in most states.

In Hawaii, gay marriage is not legally recognized. However, couples can enter
into an agreement that affords them many rights in regards to their
relationship. Reciprocal beneficiary registration allows couples to be entitled
to some rights that are usually obtained through a legal marriage. For
instance, couples acquire inheritance rights and the right to acquire health
insurance through their partner. 

One benefit that many individuals feel is vital,
is the right to make decisions regarding health care. In fact, many LGBT
couples in the United States, are unable to make those decisions as they relate
to their partner. In fact, when a partner in hospitalized, the other partner is
often unable to get information regarding their partners condition because they
are not considered family.  

In addition to these rights, couples are
entitled to pensions and the right to own property jointly. Like marriage,
individuals can not enter into more than one reciprocal beneficiary
registration. While gay marriage in Hawaii is still illegal, couples can
benefit from the rights that the state affords individuals in a reciprocal
beneficiary registration.

In Hawaii, gay marriage is not technically legal. However, Hawaii affords
couples the opportunity to enter into a written agreement that will offer them
the opportunity to enjoy rights that are only usually afforded to married
couples. Gay marriage in Hawaii is simply not legally recognized because of the
definition of marriage. 

However, same sex couples are free to enjoy the many
benefits and responsibilities of marriage without having the designation of
marriage. There are few states that offer same sex couples the opportunity to
enjoy those rights. In Hawaii, gay marriage is likely to be legally recognized
sooner than in many other states. In fact, in Hawaii, gay marriage is allowed
contractually through reciprocal beneficiary registration.

What You Should Know About State Marriage Laws

What You Should Know About State Marriage Laws

In addition, same sex marriages could not be recognized no matter where they took place. No same sex union would be afforded any legal recognition. In fact, the state forbids individuals from obtaining any of the rights or responsibilities of marriage if they are in a same sex relationship. However, recently, government employees in same sex relationships, have been granted some of the rights associated with marriage. Trends suggest that government employees are sometimes granted certain rights before those same rights and protections are offered to the general public. 
While private employers often have their own policies regarding discrimination and other issues related to the LGBT community, there is often no legal recourse. In fact, the company is the only entity that has an obligation to uphold its policies. Due to the lack of laws, many companies abstain from enacting such policies. In fact, many companies fear the consequences associated with enacting such policies. However, government employees right,s will eventually extend to the general public.
Arkansas

Arkansas forbids legal recognition of gay marriage through the Defense of Marriage act, in addition to constitutional amendments that explicitly forbid same sex marriage. Arkansas also fails to recognize any same sex marriages legally performed in another state. By denying the legality of these marriages, the state effectively takes away all rights and responsibilities afforded to that marriage. Uniquely, a sub-chapter legally allows employers to offer benefits to domestic partners. Few states make such allowances for domestic partners. In fact, the sub-chapter makes a certain allowance for the term domestic partner in the constitution. However, the implications of the inclusion of that phrase, are yet unknown. 
Many believe that it could be used as a tool to allow legal recognition for domestic partnerships. If this occurs, many same sex couples could attain some of the rights that are associated with marriage. In many cases, domestic partners can jointly own property, make medical decisions and inherit property in the absence of a will. In addition, domestic partnerships are usually contractual relationships that require no legal action to end. While Arkansas law denied same sex couples the ability to divorce, divorce would not be necessary for domestic partnerships. In fact, domestic partnerships are ended when either individual decides to to end them. Domestic partnerships have no legal similarities to marriages, except that the individuals are afforded some legal rights regarding their relationship.

South Carolina


South Carolina offers no legal recognition to same sex marriage, civil unions or domestic partnerships. However, a constitutional amendment forbids the state from attempting to legally prevent contracts for same sex partners. In addition, a bill was introduced that would legally allow civil unions for same sex couples. While the term “marriage” is left out of the language of the bill, same sex couples would still be afforded many of the rights and responsibilities associated with marriage. There has been no action on the bill and it may have to reintroduced. 
However, the original introduction of the bill shows that South Carolina is giving serious consideration to equal rights for the LGBT community. By legally recognizing civil unions, the state would allow LGBT couples access to rights that they are currently denied. Those rights include the right to own property jointly and to inherit that property. In essence, a same sex couple would have access to rights that allow them to mutually share in property and assets, which also affords them the right to inherit the other half of those assets.

Washington

Currently, Washington state does not legally recognize any same sex marriages. However, Washington does recognize domestic partnerships. Same sex couples can exercises many of the same rights as married couples. The only right that is not afforded to same sex couples, is the right to call their union marriage. They can in fact, exercise all other rights that pertain to the marriage of a man and a woman. 
Domestic partners in Washington state, have the right to own property jointly, inherit property in the absence of a will and to make medical decisions for their partner. Also, domestic violence laws apply to domestic partners, even though they do not apply in many other states. In addition, domestic partners can exercise their right not to testify against their partner in a court of law. In many cases, the right to avoid testifying, is not granted to same sex couples. However, Washington State offers all marriage rights and responsibilities to domestic partnerships.