Gov. Bobby Jindal's administration says gay marriage will currently not be offered or recognized in Louisiana, but his staff acknowledged it's likely coming.
"Our agencies will have no choice but to comply with the Supreme Court's decision when the 5th Circuit Court orders the ruling into effect – even though we disagree with it and believe it was wrongly decided, and has nothing to do with the Constitution," said Mike Reed, Jindal's spokesman in the governor's office.
The Jindal administration has said Louisiana's state government won't recognize gay marriage until a lower court rules on the issue. The 5th U.S. Circuit Court of Appeals has taken up a gay marriage case, but was waiting on the Supreme Court ruling before moving forward with it. The Jindal administration is now delaying recognition of gay marriage in Louisiana until this appeals court decision is issued.
Lawyers said the delay will probably only last a few days. Attorneys representing seven Louisiana same-sex couples have already filed a motion seeking to enforce the ruling in the state. The appeals court ruling will largely be a formality, now that the Supreme Court has issued an opinion.
But since the Jindal administration is not recognizing gay marriage yet, the Department of Health and Hospitals would not issue marriage licenses to same-sex couples in New Orleans Friday.
"Until the mandate from the lower court is issued, this ruling is not yet in effect," Reed said in a written statement.
New Orleans is the only place in Louisiana where Jindal -- through the Department of Health and Hospitals -- has control over marriage licenses. Local court clerks issue licenses in the other 63 parishes, but the Louisiana Clerks of Court Association and Attorney General Buddy Caldwell both advised them Friday to wait 25 days to begin issuing licenses to same-sex couples.
Mayor Mitch Landrieu criticized Jindal and Caldwell after couples were denied licenses in New Orleans.
"We are a nation of laws, and Louisiana is no exception. The State has no legal authority to delay issuing marriage licenses to same-sex couples even a moment longer," Landrieu said in a written statement.
"It is time for Gov. Bobby Jindal and Attorney General Buddy Caldwell to stop denying committed, loving couples in Louisiana their constitutional right to marry. They've waited long enough," he added.
The Supreme Court ruling affects more than just marriage licenses. Jindal, as the head of Louisiana's government, has control over other areas of same-sex couples lives too.
For example, same-sex couples won't be able to receive tax benefits enjoyed by other married couples and still won't be able to legally adopt children together in Louisiana, until the state complies with the Supreme Court ruling. State government workers who are in a same-sex relationship also won't be able to get benefits for their spouses until the ruling is implemented.
Louisiana's Department of Revenue Secretary Tim Barfield, who oversees tax policy for the state, said his agency will determine whether married same-sex couples can file state tax returns jointly in the next couple of weeks.
"We should have some guidance in the next couple of weeks," Barfield said, "These constitutional decisions are often very complex. It is really just way too premature."
Jindal will probably fight the Supreme Court's gay marriage decision if he has the opportunity. The governor is making religious liberty -- and the right to oppose gay marriage -- a cornerstone of his presidential campaign. Only moments after the gay marriage decision was released, Jindal slammed the Supreme Court for the ruling.
"Marriage between a man and a woman was established by God, and no earthly court can alter that," Jindal said in a written statement while traveling in Iowa, "If we want to save some money lets [sic] just get rid of the court."
. . . . .
Julia O'Donoghue is a state politics reporter based in Baton Rouge. She can be reached at jodonoghue@nola.com or on Twitter at @jsodonoghue. Please consider following us on Facebook at NOLA.com and NOLA.com-Baton Rouge.
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