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Loading ...Louisiana gay couple sues for marriage license
07.01.2009 2:23pm EDT
(Louisiana) A Louisiana couple has filed a lawsuit after being turned away by officials at the Orleans Parish marriage license office on April 2 because they were both men. The couple is saying the New Orleans’ constitutional amendment against gay marriage violates their constitutional rights under the U.S. Constitution.
Kristoffer Bonilla and John Thomas want a federal judge to rule that they have a right to marry under the U.S. Constitution and international law, despite a 2004 amendment defining marriage in the state as between “one man and one woman.” That amendment was overwhelmingly approved by voters.“We just want a marriage license,” said Bonilla, a law school graduate who is not yet a practicing lawyer. “The people at the office were extremely nice. The cab driver who took us asked to be invited to the wedding.”
Bonilla drafted the lawsuit prior to requesting a marriage license with Thomas in anticipation that they would be rejected.
Read the full New Orleans Times-Picayune article here.
Good luck!
Watch the paper god fearing Christian Taliban jump on this one.
Drop this lawsuit. I want equal rights too, but a precedent from this federal circuit will only hurt our cause. It will not come out favorable for us.
They have a good chance in over turning this law. People don’t realize how illegal some laws are until challenged. Remember Louisana is different than your 49 common law states they go by Nepoleonic law which defends your civil rights 100 times more than common law. Good luck. People learn your rights just because people vote to make things illegal dont make them legal.
Anyone who tells these guys to drop this suit is a f*cking retard!!
The state of Louisiana passed an amendment which violates both the state and federal constitutions on so many levels. With Prop 8 and inevitably all state amendments like it being challenged under the Romer vs Evans precendent, this case would only help us, even if a lower federal court ruled against them.
Louisiana’s Civil Code is one of the greatest legal documents in America, if properly executed and judicated. Most legal minds can’t understand it, however there is a staunchly progressive tradition in understanding the code and the federal courts which serve Louisiana, have expects on both Common Law and Civil Code. Under code, to deny anyone their rights, the state has to prove them unfit. The amendment to the state constitution has not gone through proper scrutiny. I for one, believe that this couple not only has a case, but that whatever the outcome, it will chissel away at the anti-equality argument.
The real problem I have with this one (and why I’m not surprised it sprung from my home state) isn’t the legal repercussion, but the cultural one.
The lawsuit was drawn up before they even went to apply for the license. And one half of the couple is 18, th eother is nearly twice his age — which poses some significant problems if you’re trying to look at this relationship as a long term, committed relationship.
It might serve the legal argument but it seriously uncercuts the cultural argument for the validity and seriousness of our relationships — and that argument is equally important for us to win.
Getting the rights won’t erase things like what happened in Ft. Worth. It’s important we take winning the cultural war as seriously as we do the legal one.
Kudos to Kristoffer Bonilla and John Thomas for their courage to stand up to the insane constitutional amendment of 2004 banning their right to marry because they are both men. These so called constitutional amendments that these states pass, only serve to create an atmosphere of inequality which is not conducive to the American dream of life, liberty and the pursuit of happiness for all. It will be interesting to follow Mr. Bonilla’s and Mr. Wray’s story on this issue, perhaps all the way to the Supreme Court. And maybe for other couples seeking marriage, this just may be the route you might want to follow as well! It worked in Canada, with successive Court cases being won in each province the Federal Government was obliged to finally give in; it could most likely happen that way in the United States.
Maybe I need to try this in the fake state of texas, I applaud these guys as well, Oneday our voices will be heard and if we keep on pushing and fighting for whats right and fair we’ll b able to MArry whom we love.
Neither of these guys is a lawyer, and they are not represented by a lawyer. Their pleadings are poorly written and not well pleaded. Finally, they do no understand federal constitutional law nor do they understand federal civil procedure law. It’s egotists like this that set back the progress of gay rights law. Professor of Law Emeritus Don Gaudard
Governor Puyush (Americanized his first name to Bobbie, I call him Puyush his original name) Jindal is the midst of attack Louisianna families.
Lousianna has a constitutional amendment that needs to be struck down and Jindal (of India heritage) needs to be sacked at the next Louisianna election for its governor.
Gays, get out there and run for governor, etc of every state in the USA and make a difference!
WAY TO GO!!! This is the only way we will win TRUE and LASTING equality under the law.
Anyone telling you guys that ‘now is not the time’ or ‘precedent from this federal circuit will only hurt our cause’ is clearly over 40.
NOW is the time, people!!!
Justice DELAYED is Justice DENIED!
Give ‘em HELL Kristoffer Bonilla and John Thomas.
Well in the state i live there are no civil unions, domestic partnerships, or equality marriages. I wonder if the us supreme court will give us all tax exemptions. Since i am not an actual person.
Hah!, those around you, Bill, had better not be a day over 40. Glad I don’t know you personally. I am too damned old for you.
The 2004 amendment approved by 78 percent of voters quotes:
“Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman”
[Louisiana Constitutional Amendment 1 2004]
Hang on a minute: This is the exact same amendment as Wisconsin’s Amendment!!!!