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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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Man arrested in Arizona for allegedly killing 14-year-old Louisiana girl

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Man arrested in Arizona for allegedly killing 14-year-old Louisiana girl


BASTROP, LA (KNOE) — An arrest has been made in connection to the human remains that were found in Bastrop, Louisiana.

According to the Bastrop Police Department, the remains were found in the woods behind 1510 Daisy Street on June 23.

Authorities have identified the body as 14-year-old Ashley Barnes. Barnes’ family reported her missing on June 20.

A felony arrest warrant was later issued by Bastrop PD for 44-year-old Montrell Donell Holmes.

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Montrell Donell Holmes was arrested for allegedly murdering 14-year-old Ashley Barnes.(Source: Bastrop Police Department)

On June 27, the U.S. Marshall’s Service in the State of Arizona located Holmes by using cell phone tower pings. He was arrested for second-degree murder.

Assistant Bastrop Police Chief Richard Pace said, “It is challenging to take on an investigation of this scope that began with another agency. Our guys have worked non-stop since we were brought in to handle this investigation, and I couldn’t be more proud of them. We have done our best so that Ashley receives justice, and the family may one day find some form of closure. I would especially like to commend Capt. Gerald Givens and Detective Libby Brixey on their investigation and dedication.”

No other information has been released yet.

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How will Louisiana's new Ten Commandments classroom requirement be funded and enforced?

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How will Louisiana's new Ten Commandments classroom requirement be funded and enforced?


BATON ROUGE, La. — Even as a legal challenge is already underway over a new Louisiana law requiring the Ten Commandments to be displayed in classrooms, the details of how the mandate will be implemented and enforced remain murky.

Across the country there have been conservative pushes to incorporate religion into classrooms, from Florida legislation allowing school districts to have volunteer chaplains to counsel students to Oklahoma’s top education official ordering public schools to incorporate the Bible into lessons.

In Louisiana, the logistics for the new law are still unclear.

Unless a court halts the legislation, schools have just over five months until they will be required to have a poster-sized display of the Ten Commandments in all public school K-12 and state-funded university classrooms. But it’s unclear whether the new law has any teeth to enforce the requirement and penalize those who refuse to comply.

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Supporters of the law say donations will pay for the thousands of posters needed, while critics argue the law is an unfunded mandate that could burden schools. And teachers in some schools have said they likely won’t hang the posters, including in the blue city of New Orleans, where residents and officials have a history of resisting conservative policies.

Louisiana has more than 1,300 public schools. Louisiana State University has nearly 1,000 classrooms at the main Baton Rouge campus alone and seven other campuses statewide. That means thousands of posters will be needed to satisfy the new law.

The Louisiana Department of Education is required by the new law to identify and post on its website resources that can provide the posters free of charge.

Lawmakers backing the bill said during debate in May that the posters or funds to print them will likely be donated to schools in this deep Bible Belt state. Nationwide praise for the law from conservative groups and figures including, most recently, former President Donald Trump, could result in outside financial support for the mandate.

Louisiana Family Forum, a Christian conservative organization, has already created a page on its website for donations that “will be used specifically for the purpose of producing and distributing ‘10 Commandments’ displays to educational institutions around Louisiana.”

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But the question of what happens if a school doesn’t receive enough donations has lingered for months with little clarity.

“So schools have the ability to raise the funds or they (the posters) can be donated. But, what if you can’t raise the funds or find a donor?” state Sen. Royce Duplessis, a Democrat who voted against the law, asked during debate on the legislation last month.

“I don’t know what happens then,” replied state Sen. Adam Bass, a Republican who co-authored the law.

The Associated Press reached out to multiple co-authors of the bill, including Bass and the offices of Attorney General Liz Murrill, Louisiana State Superintendent of Education Cade Brumley and the state’s Board of Elementary and Secondary Education, but did not receive answers to questions about funding.

Lawmakers supporting the bill were adamant during debate that the law is clear in saying donations would be used to obtain the posters. Others suggest the law’s language may still allow for the purchase of displays through public funds.

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“Louisiana’s law does not appear to prohibit the use of public funds to pay for the Ten Commandments displays. Such use of taxpayer money would only exacerbate this egregious constitutional violation,” said Rachel Laser, president and CEO at Americans United for Separation of Church and State, who opposes the law.

The law says it “shall not require” a public school governing authority to spend its funds to purchase displays. Instead, “to fund the displays free of charge, the school public governing authority shall” either accept donated funds to purchase the displays or accept donated displays.

Even with sufficient donations, opponents say the state is still spending money and resources to defend a lawsuit over a requirement that they argue is unconstitutional.

But supporters say it is a battle they are willing to fight.

Enforcement of the new law

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Louisiana’s 2020 teacher of the year, Chris Dier, said he doesn’t intend to post the Ten Commandments in his classroom.

“I don’t believe in doing something that is unconstitutional and harmful to students,” said Dier, who teaches at a New Orleans high school.

It’s unclear whether failure to comply will result in punishment as the language in the law does not list any repercussions. While the law specifies that Louisiana’s Board of Elementary and Secondary Education adopt “rules and regulations” to ensure the “proper implementation” of the mandate, enforcement could fall to parish school boards or local school districts.

A similar law passed last year mandates “In God We Trust” be displayed in classrooms. The enforcement and penalties for noncompliance with that law are determined by local education agencies, said Kevin Calbert a spokesperson for the Louisiana Board of Elementary and Secondary Education.

The AP emailed 55 members of parish school boards across the state, including rural and urban parishes in Republican-dominated and Democratic-leaning areas, to ask if they support the law and how they plan to enforce it. Two replied, saying they support the mandate.

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Carlos Luis Zervigon, vice president of the Orleans Parish School Board, thought differently, describing it as “blatantly unconstitutional.”

“I’ve heard no talk or interest in considering enforcing this,” the former history teacher said. “What would be my instinct, is to do nothing, unless forced to do so.”

With schools out and many school boards meeting less frequently in the summer, Zervigon said his board hasn’t yet talked about the requirement. However, if tasked with figuring out the implementation and enforcement of the mandate, he is likely to take a “wait-and-see attitude” until the court rules.

“I could see myself crafting a resolution that could say something to the effect of, ‘We will not enforce it until we get legal clarity of whether this is constitutional or not,’” he said.

However, if New Orleans takes the lead, Louisiana Attorney General Jeff Landry “may exercise retribution,” Zervigon said.

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Landry, a Republican, attempted to punish New Orleans in the past after city officials expressed opposition to enforcement of Louisiana’s near-total abortion ban.



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Louisiana Dep. of Wildlife and Fisheries on Holiday Boating Safety

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Louisiana Dep. of Wildlife and Fisheries on Holiday Boating Safety


MONROE, La. (KNOE) – It’s a hot holiday week and a lot of people will be enjoying the waters to celebrate the 4th of July. The Louisiana Department of Wildlife and Fisheries wants to remind people to celebrate responsibly both on and off the water.

“We’re looking for impaired drivers and just so you know DWIs on the water are the same as DWIs on the highway. The fines are the same and your license will be suspended for 1st offense for 180 days.” Says Wildlife Agent Ray Ellerbe



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