Robicheaux v. Caldwell

Brief Filed: 10/14
Court: U.S. Court of Appeals for the 5th Circuit
Year of Decision: 2015

Read full-text amicus briefopens in new window (PDF, 125KB) 

Involves a federal challenge to the laws against same-sex marriage in Louisiana.

Sexual Orientation (discrimination; same sex-marriage)

In July 2013, a federal lawsuit was filed on behalf of two same-sex couples married in Iowa who were seeking to have their marriages recognized by the state of Louisiana. This case was dismissed because the plaintiffs had only named Attorney General James Caldwell as a defendant and he hadn't actually denied them the recognition of their marriage. The case was re-filed naming State Registrar Devin George as defendant.

On Sept. 3, 2014, Judge Feldman upheld the state's ban on marriage equality. The plaintiffs appealed to the 5th Circuit and the case was assigned to the same panel and argued at the same time as the DeLeon v. Perry (Texas) appeal.

In November, the plaintiffs filed a request with the U.S. Supreme Court asking the Court to take the case, but the Supreme Court denied cert until 5th Circuit rules. The Court heard oral argument on Jan. 9, 2015. A decision is pending.

APA's amicus briefs present an accurate and comprehensive summary of the current state of scientific and professional knowledge concerning sexual orientation, same-sex relationships, and the children of same-sex couples. Drawing on the cumulative scientific knowledge in these areas, APA makes four main arguments 1) that homosexuality is a normal expression of human sexuality, is generally not chosen, and is highly resistant to change; 2) that same-sex relationships are equivalent to heterosexual relationships in essential respects; and, that excluding same-sex couples from the institution of marriage denies them social, psychological and health benefits; 3) that there is no scientific basis for concluding that same-sex couples are not fit parents or that children of same-sex couples are any less psychologically healthy and well-adjusted than children of heterosexual couples; and 4) that denying same-sex couples access to marriage is an instance of stigma.

On June 26, 2015, in a 5-4 ruling the U.S. Supreme Court held in Obergefell that the 14th amendment requires marriage equality and that all states must allow same-sex couples to marry as well as recognize same-sex marriages entered into out-of-state. On June 29, the Fifth Circuit asked the parties in Robicheaux to file letter briefs addressing the appropriate disposition of the case in light of the Supreme Court’s ruling in Obergefell. In those submissions, both sides agreed that, in light of Obergefell, District Court Judge Feldman’s ruling upholding Louisiana’s discriminatory marriage laws must be reversed. On July 1, the Fifth Circuit reversed Judge Feldman’s ruling and remanded the case to the District Court for entry of judgment in favor of those who had challenged the discriminatory laws.