“For example, same-sex couples are raising more than 2 million children in the United States.
Further, no Louisiana court has opined on any same-sex custody dispute since the United States Supreme Court’s landmark decision in Obergefell, wherein the court held that ‘the right to marry is a fundamental right inherent in the liberty of the person, and under the due process and equal protection clauses of the 14th Amendment couples of the same sex may not be deprived of that right and that liberty.”While the New York ruling updated a 25-year-old precedent in the Empire State, Louisiana Fifth Circuit’s findings will have a more limited effect — as the court for five state parishes, none of which includes New Orleans.
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