Louisiana Sex Laws
http://www.legis.state.la.us/lss/lss.asp?folder=75
Last update: 9/7/2014
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RS 14.89 Crime against nature
4. CRIME AGAINST NATURE
§89. Crime against nature
A. Crime against nature is the unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human beings shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.
B.(1) Whoever violates the provisions of this Section shall be fined not more than two thousand dollars, imprisoned, with or without hard labor, for not more than five years, or both.
(2) Whoever violates the provisions of this Section with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(3) Whoever violates the provisions of this Section with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
C. It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E).
Amended by Acts 1975, No. 612, §1; Acts 1982, No. 703, §1; Acts 2010, No. 882, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1.
RS 14:41 Rape; defined
RS 14:42 Aggravated rape
RS 14:43 Simple rape
RS 9:295
§295. Covenant spouses' obligation to live together
Spouses are bound to live together, unless there is good cause otherwise. The spouses determine the family residence by mutual consent, according to their requirements and those of the family.
Acts 2004, No. 490, §1.
September 18, 2004: Louisiana voters ratified a state constitutional amendment defining marriage as only between a man and a woman. The amendment passed with an overwhelming majority, 78 percent in favor to 22 percent opposed, but allegations of botched elections procedures taint the validity of the outcome.[35]
October 2004: District Judge William Morvant of Baton Rouge struck down the amendment on the grounds that it violated a provision of the state constitution requiring that an amendment cover only one subject; the amendment prevented the state from recognizing any legal status for common-law relationships, domestic partnerships and civil unions between both gay and heterosexual couples.[36]
January 19, 2005: The Louisiana Supreme Court reinstated the state constitutional amendment banning same-sex marriage.[37]
April 21, 2009: A same-sex couple files a federal lawsuit against state and local officials after being denied a marriage license in New Orleans.[38]
Louisiana Constitution, Article XII, section 15. Defense of Marriage
Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. No official or court of the state of Louisiana shall recognize any marriage contracted in any other jurisdiction which is not the union of one man and one woman.
Louisiana Civil code
Article 89. Impediment of same sex
Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.
Article 96. Civil effects of absolutely null marriage; putative marriage
§4. A purported marriage between parties of the same sex does not produce any civil effects.
Article 3520. Marriage (Title II of Book IV of the Civil Code)
A. A marriage that is valid in the state where contracted, or in the state where the parties were first domiciled as husband and wife, shall be treated as a valid marriage unless to do so would violate a strong public policy of the state whose law is applicable to the particular issue under Article 3519.
B. A purported marriage between persons of the same sex violates a strong public policy of the state of Louisiana and such a marriage contracted in another state shall not be recognized in this state for any purpose, including the assertion of any right or claim as a result of the purported marriage.
No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.
On September 3, 2014 the Fifth Circuit appeals court upheld Louisiana’s law banning marriage equality. Judge Martin L. C. Feldman said that the regulation of marriage was left up to the states and the democratic process; that no fundamental right was being violated by the ban; and that Louisiana had a “legitimate interest ... whether obsolete in the opinion of some, or not, in the opinion of others ... in linking children to an intact family formed by their two biological parents.”
Personally we’re hearing that elderly couples, sterile individuals and people with no intention of having children need not apply for a marriage license in Louisiana. But that’s just us and we’re not attorneys. Stay tuned.