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Unconstitutional definition of marriage likely to remain in Louisiana constitution despite rewrite • Louisiana Illuminator

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Unconstitutional definition of marriage likely to remain in Louisiana constitution despite rewrite • Louisiana Illuminator


Republican lawmakers plan to leave in a section of the Louisiana constitution that defines marriage as between one man and one woman during a potential constitutional rewrite despite a U.S. Supreme Court ruling. 

Rep. Beau Beaullieu, R-New Iberia, the lawmaker carrying the legislation calling for a constitutional convention, said his conservative colleagues want to leave in the “Defense of Marriage” section just in case the landmark 2015 civil rights case Obergefell v. Hodges, which legalized same-sex marriage nationwide, is overturned. 

“I’ve had requests to leave it in. I haven’t had any requests to remove it,” Beaullieu said in an interview with the Illuminator. Beaullieu declined to name who requested to leave the unconstitutional section in, but said he received “many” requests to do so. 

About 62% of Louisianians support same-sex marriage, according to a 2022 survey from the nonpartisan Public Religion Research Institute, which also found approximately half of Republicans nationwide support same-sex marriage. 

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Lawmakers are currently discussing Beaullieu’s House Bill 800 that would assemble a constitutional convention, with 144 legislators and 27 delegates appointed by the governor meeting to make changes to the document

Beaullieu has said the delegates would use the convention to move some portions of the constitution into statute, which would make it substantially easier for legislators to change them. 

Neither Beaullieu or Republican Gov. Jeff Landry, who is the driving force behind the convention, has been forthcoming about what they want to remove from the constitution, although they have promised to wall off public school funding protections and the homestead exemption property tax break in the constitution. While lawmakers have billed this as a limited convention to “refresh” the constitution, delegates likely would have authority to change anything they wanted. 

Kate Kelly, a spokesperson for Landry, did not respond to a request for comment for this story.

Article XII Section 15 of the 1973 constitution

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.

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The Louisiana State Law Institute, which is required by law to provide a report on unconstitutional and preempted state laws to the legislature every other year, has included this portion of the constitution in every report since 2016. 

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The Institute has recommended the legislature pass a constitutional amendment to the voters to change the definition as not a marriage between one man and one woman, but as between two natural persons. 

While the legislature has declined to do this, it has instructed new printings of the constitution to include a note regarding the Obergefell decision below the section. 

In Obergefell v. Hodges, the U.S. Supreme Court found that same-sex couples could not be deprived the right to marry under 14th Amendment protections. As a result of this ruling, same-sex couples now have a legal right to marry in every U.S. state. 

After the Obergefell ruling, the U.S. Fifth Circuit Court of Appeals reversed its ruling in Robicheaux v. Caldwell, which in 2014 upheld Louisiana’s ban on same-sex marriage. In the Robicheaux reversal order, the court explicitly stated that the portion of Louisiana’s constitution banning same-sex marriage is unconstitutional. 

Article XII Section 15 was added to the constitution in 2004 after being approved by 78% of voters. The constitutional amendment was proposed by then state Rep. Steve Scalise, who is now the U.S. House majority leader. 

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Legislators have made several attempts to repeal this portion of the constitution, most recently in the current legislative session. House Bill 98 by Rep. Mandie Landry, D-New Orleans, was shelved in its first committee hearing. The bill would have complied with the Louisiana Law Institute’s recommendation by defining marriage as “the union of two persons.” 

Landry said she intends to bring up the proposal again if the constitutional convention happens. 

The bill was sidelined at the request of House Speaker Pro Tempore Rep. Mike Johnson, R-Pineville, who argued the Legislature should avoid advancing bills that would put constitutional questions on the ballot in light of the potential constitutional convention. 

Rep. Landry argued it’s important to repeal that section of the constitution not just for symbolic reasons, but because many fear further legal attacks on same-sex marriage. 

“Younger people don’t stay up at night thinking they want to leave here because the Constitution is too long, but they do think about and they do leave because of issues like same sex, marriage, abortion, reproductive issues,” she said. 

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Beaullieu’s bill, which calls for a constitutional convention this summer, has received approval from the House of Representatives but has not yet been scheduled for a hearing in the Senate and Governmental Affairs Committee. 

If a convention was held — which is still uncertain due to skepticism from senators — it would take place in three stages: An organizational session to select convention leaders could take place as soon as May 30. Convention committees would then meet in June and July to discuss potential constitutional changes, and wrap up their work by Aug. 1, when the full convention would then meet until Aug. 15. The finished product would then be on a ballot for voter approval at the same time of the presidential election in November. 



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Here’s the latest on Nexus Louisiana's CEO search

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Sixteen candidates have applied to become Nexus Louisiana’s new permanent leader. 

Anita Tillman, co-chair of the selection committee overseeing the Nexus CEO search, provided an update at Thursday’s board of directors meeting.

Tillman says executive search firm Isaacson Miller presented 10 candidates to the committee on Oct. 31, and a second round of candidate presentations will be held on Dec. 5.

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Semifinalist interviews will be conducted virtually on Jan. 14. The presentations serve as a way to discuss what the organization is looking for and give feedback to Isaacson, Miller about the type of candidates the firm should recruit.

Some prospective candidates have expressed interest but have yet to apply, according to Tillman.

“Once those interviews happen, and we drill it down to whatever the outcome is, then those candidates will be moved over to the full board to do rounds of in-person interviews and make their decision,” Tillman says.

The in-person interviews are tentatively scheduled for the week of Feb. 10 and the search is expected to be completed before the end of February.

Nexus Louisiana began accepting applications for the position on Nov. 1. Part of the job description says that the new president and CEO will be critical in providing internal and external leadership. The individual will assess and align the organization’s structures while advocating for Nexus Louisiana as a critical driver of entrepreneurship and innovation in the Baton Rouge region across the state and globally.

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Nexus has been without a permanent leader for two years following longtime CEO Genevieve Silverman’s departure in June 2022 after 14 years. Nexus management consultant Calvin Mills has handled leadership responsibilities since 2022.

View a description of the position.





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Know the Foe: Gaining Louisiana Tech insight with BleedTechBlue

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Know the Foe: Gaining Louisiana Tech insight with BleedTechBlue


As we will do throughout this football season, HawgBeat went behind enemy lines to gain insight on the Louisiana Tech Bulldogs with BleedTechBlue Publisher Ben Carlisle.

Louisiana Tech has been on a bit of a roller-coaster this season, as it defeated a team like Western Kentucky (7-3 record) and nearly beat NC State on the road, but the Bulldogs lost Tulsa, FIU and Sam Houston.

Under Cumbie’s leadership, Louisiana Tech has accumulated a 10-24 (7-16 CUSA) overall record in three seasons. This year, the Bulldogs boast the No. 104 total offense (344.4 YPG) and No. 61 passing offense (232.2 YPG) in the country.

Here is what Carlisle had to say about Saturday’s matchup, which is set to kick off at 3 p.m. CT at Razorback Stadium in Fayetteville…

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Louisiana lawmakers search for ways to pay for Landry’s proposed income tax cut • Louisiana Illuminator

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Louisiana lawmakers search for ways to pay for Landry’s proposed income tax cut • Louisiana Illuminator


Gov. Jeff Landry’s ambitious plan to overhaul Louisiana’s tax structure has largely been pared down to a more modest goal – cutting state income taxes. 

Lawmakers are working on a way to make sure the state can pay for that desired tax reduction while not having to make damaging cuts to areas such as health care and higher education.  

Options include raising the state sales tax rate higher than it is now, retaining a higher corporate income tax rate than proposed or settling on an income tax cut that is smaller than Landry originally pitched weeks ago. 

The governor wanted to move to a flat personal income tax rate of 3% – the highest rate currently is 4.25% – but it will cost the state more than $1 billion annually. Landry’s income tax plan also leaves the state approximately $700 million short of what is needed to cover the costs of government, according to senators. 

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Through his Revenue Secretary Richard Nelson, the governor had originally crafted a proposal that would exchange a broader base of tax collections for lower personal income and corporate taxes. Nelson said Louisiana would be able to pay for across-the-board personal income and corporate tax rate cuts totaling billions of dollars as long as the state scrapped generous business tax breaks and applied the sales tax to a greater range of products. 

The governor has struggled to get lawmakers to fully embrace the trade off, however. 

Legislators have eagerly voted for bills to cut corporate and personal income taxes but stalled on proposals to help make up for that lost revenue. 

Landry’s tax package started to unravel last week when the Louisiana House of Representatives refused to vote for legislation that would extend the sales tax to more services, such as lawn care, home repair and dog grooming.

“Obviously, the services bill in its original form was a little over $500 million, which would equate to about a half a point on the personal income tax,” House Speaker Phillip Devillier, R-Eunice, said.

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This week, the Senate declined to fully roll back some of the state’s expensive business incentive programs, such as its movie and television tax credits and historic preservation tax breaks that collectively cost the state hundreds of millions of dollars annually.  

A plan to eliminate a state inventory tax credit, which covers taxes businesses pay to local governments, has been delayed until 2026, and a proposal to increase a tax on heavy machinery and equipment used by industrial employers has also been scrapped. 

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If he doesn’t find a way to make up for that money, Landry runs the risk of revisiting the same political problems that plagued former Gov. Bobby Jindal.

Jindal also cut income taxes without replacing the lost revenue or finding a permanent way to cut government spending. His policy led to chronic budget problems for years and made the former governor deeply unpopular when he left office. 

Senate leaders appear to be pushing for a higher state sales tax rate to help fill the hole left by the personal income tax cut.

It was scheduled to automatically drop from 4.45% to 4% in July, though Landry had already pitched keeping the extra 0.45% permanently as a way to cover the corporate and personal income tax reductions. Now, lawmakers are considering an even higher rate to cover the state’s expenses; 5% has been floated for a few days. 

“This isn’t a tax-lowering session. This is a tax-reorganization session,” Rep. Michael Echols, R-Monroe, said Wednesday.

Louisiana already has one of the highest average sales tax rates in the country, and that levy is a larger burden on poor people who have to pay the same rate as the wealthy. Very low-income households don’t pay income tax and won’t necessarily see benefits from cuts Landry and lawmakers make in that arena. 

“As soon as you start to increase the sales tax more, the plan becomes more regressive,” said Rep. Matthew Willard, D-New Orleans, leader of the House Democratic Caucus.

Several Republicans and Democrats in the House also weren’t enthusiastic about the sales tax portion of the original tax plan and might not want to vote for a 5% rate. A bill to keep the state sales tax at 4.4% barely passed the House, with just two votes to spare last week.

“That would be the top number we need for sales,” Sen. Franklin Foil, R-Baton Rouge said Wednesday morning. “We don’t necessarily have the votes to do that yet. We need to get a tally of where things stand.”

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Lafayette Sen. Gerald Boudreaux, head of the Senate Democratic Caucus, said his party doesn’t want a higher sales tax rate, but Democrats also fear government programs they champion, like social services, will be targeted if they don’t support the proposal.

“We want to make sure the things that are important to us will be funded, right?” Boudreaux said Wednesday before he and other Democratic senators headed off to a meeting with Landry. 

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Rep. Jack McFarland, R-Jonesboro, was bullish on the legislators’ willingness to raise the sales tax to 5%.

“I think it can get there. It’s an easier path for that than it is for broadening the base,” he said. 

If lawmakers aren’t willing to raise the sales tax more, legislators could look to retain more of the current corporate income tax rate, but they’ve already pulled back on an original plan to cut that tax dramatically.

Landry initially pitched replacing the graduated corporate tax rate that tops out at 7.5% with a flat 3%. But the senators moved that levy back up to 6% earlier this week to claw back some revenue. A further increase might be unlikely given pressure from business lobbyists. 

Corporate taxes are also a notoriously unstable source of tax revenue. In part because sizable tax credits can be applied in any budget cycle, corporate tax collections have ranged from $193 million to $1.6 billion annually over the past 10 years, according to the Public Affairs Research Council of Louisiana

Legislators could also increase the personal income tax rate from 3% but seem very reluctant to do so. If it does go up, they would try to keep it to a small adjustment, like up to 3.1% or 3.2%.

“My belief is the personal income tax will, probably will, stay at 3(%),” said Foil, who heads the Senate committee that oversees tax policy.



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