Issues
List all Issues
Policy Archive: view by date
Policy Archive: view by issue
Policy Archive: view by type
Family Sub Issues
The Marriage Debate
Marriage in the 50 States
familyfacts.org
Map of the Family





   ISSUES  > Family and Marriage
 
Louisiana  
[printer-friendly]

State Information

Government Website: http://www.legis.state.la.us/

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage Statute - 1999  2004 Constitutional Amendment passed. 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  yes 
State Law Defines Marriage between a Man and a Woman yes  yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes  yes 
State Law States that Same Sex Marriage is not Aligned with State Public Policy yes  no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Louisiana Civil Code.  Tit. IV, Chap. 1.  Marriage:  General Principles

Art. 86.  Marriage; definition

Marriage is a legal relationship between a man and a woman that is created by civil contract.  The relationship and the contract are subject to special rules prescribed by law.

Art. 89.  Impediment of same sex

Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.

Louisiana Civil Code.  Tit. II, Art. 3520. Marriage

A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.

B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.

Constitutional Provision

Louisiana Constitution.  Art. XII, § 15. Defense of Marriage

Marriage in the state shall consist only of the union of one man and one woman; that the legal incidents of marriage shall be conferred only upon such union; prohibits the validation or recognition of the legal status of any union of unmarried individuals; prohibits the recognition of a marriage contracted in another jurisdiction which is not the union of one man and one woman.

U.S. Senators
US Senators and their Comments on FMA

David Vitter, Republican
http://vitter.senate.gov/
This senator was elected in 2004, therefore not present for the federal DOMA in 1996 or the Marriage Protection Amendment in 2004. The senator voted for the MPA in 2006.

Mary Landrieu, Democrat
http://landrieu.senate.gov/
This senator was elected in 1996, therefore not present for the federal DOMA in 1996. The senator voted against the Marriage Protection Amendment in 2004 and 2006.



Click here to return to the Marriage in the 50 States main page.