Constitutional Law

ACLU suit challenges Louisiana governor's 'marriage and conscience order'

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Louisiana Gov. Bobby Jindal’s “marriage and conscience order” is being challenged in a lawsuit that claims the executive action exceeded his powers.

The suit (PDF) was filed on Tuesday by the American Civil Liberties Union Foundation of Louisiana, the Forum for Equality Foundation and six New Orleans residents, according to the Associated Press, the New Orleans Times-Picayune and a press release.

Jindal’s order is designed to block the government from revoking or denying licenses, tax benefits or other governmental benefits to people for opposing same-sex marriage. After the U.S. Supreme Court’s gay marriage decision, Jindal’s executive counsel said the order extends to government clerks, judges and justices of the peace who refuse to issue licenses for or to perform gay marriages because of religious objections.

According to the suit, types of actions that could be protected by the order include businesses with state contracts that discriminate against employees in same-sex marriages, as well as business and licensed professionals that refuse to serve same-sex couples.

The suit claims the executive order exceeded Jindal’s powers under the Louisiana Constitution.

Jindal released this statement about the suit: “The ACLU used to defend civil liberties, now it appears they attack them. The left likes to pick and choose which liberties they support at any given time, and it seems to me that religious liberty has fallen out of favor with them.”

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