LA Federal Judge lumps transgender marriage with incest and polygamy in decision

[skin]

Federal District Court Judge Martin Feldman upheld Louisiana's same sex marriage ban on Wednesday.  In being the first Judge to uphold such a ban since the US Supreme Court struck down parts of the Defense of Marriage Act (DOMA), Feldman claimed the state had a compelling interest in linking children to an intact family including their biological parents.

However, Feldman went beyond the biological parent interest and cited the slippery-slope argument.

"And so, inconvenient questions persist," said Feldman in his judgment.  "For example, must the states permit or recognize a marriage between an aunt and niece? Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people? What about a transgender spouse? Is such a union same-gender or male-female?"

Feldman was appointed to his seat in 1983 by President Ronald Reagan.

While it is unclear why Feldman mentioned transgender marriage, the law is unclear on the status of marriages that involve a transgender person in a state without same sex marriage, even if it is a heterosexual union.  The Human Rights Campaign recommends couples that include a transgender spouse create a strong will and testament along with powers of attorney for both individuals to combat future legal challenges.

The Louisiana challenge is among the many to occur in the past year.  For that reason, it is likely that the topic will be addressed by the US Supreme Court in the next term.

 

[Jill F]

Methinks he doth protest too much.

[blink]

One would have hoped (and evidently been disappointed) that a Federal District Court Judge would know that, legally speaking, whether a marriage involving a trans person would be considered heterosexual or homosexual would depend on the legal genders of both parties. Fairly simple as far as legal mumbo jumbo goes. That's not even getting into how stupid it is to try to compare any marriage between consenting adults, to marriage involving minors, particularly parent/child. He blew past Apples and Oranges Lane and took a turn onto Apples and Fish Tank Air Pumps Boulevard.

[suzifrommd]

Shocking and troubling. I wonder in what other ways that judge thinks gay people are entitled to fewer rights than other human beings.

[Amy The Bookworm]

Shocking and troubling.

But sadly, not surprising.

[Danielle79]

Wow, somehow I missed that part when I read about the decision. It makes him seem even more out-to-lunch.

My god, transgender spouses. Better not tell my wife, lest she swoon. 

"We can't allow gay marriage because allowing gay marriages leads to all these other horrifying possibilities because, umm, reasons." Beautiful argument, judge, really. It's so obvious you didn't even need to write it down.

Sigh.

On a more serious note, this genius is on the Foreign Intelligence Surveillance Court. I bet you feel doubly safe now.

[Jess42]

I live in this effed up state. SE La is predominately catholic. Depends on where he is from may have had an effect on his judgment. I only stay here because of the predominantly catholic population. As a metal guitarist this is the most contrasting place that I could ever think of to be. Rebellious younger generations and such. How many freakin' billboards I see saying abortion is murder is ridiculous. I always think if they trusted in the almighty all knowing God, why would god assign a soul to a fetus that will be aborted? I know too philosophical. So bad Jessica but I go out of my way to eat red meat during lent. Yeah, bad Jessica.

But it is funny because of the uber religious and voodoo like Marie Leveaux or however you spell her name coexist side by side. OMG this is a land of contrasts for sure. I'm right here to try to take advantage of it.

Really it is kind of stupid because of the LGBT population down here. This is an effed up place.

[Jill F]

Interesting that he mentioned incest.  Fifty bucks says his family tree doesn't fork.

[Jess42]

Interesting that he mentioned incest.  Fifty bucks says his family tree doesn't fork.

100 bucks says it does fork but comes back together.