U.S. District Judge Martin Feldman on Sept. 3 broke rank with the majority of federal jurists by upholding Louisiana’s ban on same-sex marriage. These laws were justified, he explained, because Louisiana has a legitimate interest “whether obsolete in the opinion of some, or not, in the opinion of others” in connecting children to “an intact family formed by their two biological parents.”
Even as Feldman recognized that the institution of marriage provides emotional, social and economic benefits to children, he deemed it permissible for states to grant these important benefits to some children — the children of opposite-sex couples — while denying them to others — the children of same-sex couples.
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