University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Costanza and Brewer v. Caldwell PB-LA-0006
Docket / Court 13-01049-CA ( State Court )
State/Territory Louisiana
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
Plaintiffs, a same-sex couple who live in Louisiana, and had legally married in California, filed a lawsuit in state court seeking to have their marriage recognized by the state of Louisiana and the ability for one plaintiff to legally adopt the biological son of her partner. On July 26, 2013, ... read more >
Plaintiffs, a same-sex couple who live in Louisiana, and had legally married in California, filed a lawsuit in state court seeking to have their marriage recognized by the state of Louisiana and the ability for one plaintiff to legally adopt the biological son of her partner. On July 26, 2013, Judge Edward B. Broussard dismissed the case. The case was appealed.

On September 22, 2014, Judge Edward Rubin of the 15th Judicial District Court ruled in favor of the plaintiffs, finding that the state's Defense of Marriage Act was unconstitutional under the due process clause, the equal protection clause, and the full-faith and credit clause of the federal constitution. The ruling ordered that the couple's marriage be recognized and granted a same-sex couple's second-parent adoption.

On September 25, the state of Louisiana appealed, putting the ruling on hold.

Patrick Branson - 04/13/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Full faith and credit
Content of Injunction
Preliminary relief granted
Discrimination-basis
Sexual orientatation
General
Adoption
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) State of Louisiana
Plaintiff Description Same-sex couple who were legally married in California and moved to Louisiana.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order 09/22/2014
PB-LA-0006-0002.pdf | Detail
Defendant's Motion for Appeal 09/25/2014
PB-LA-0006-0001.pdf | Detail
Judges Rubin, Edward D. (State Trial Court)
PB-LA-0006-0002
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Caldwell, James David (Louisiana)
PB-LA-0006-0001
Duncan, S. Kyle (District of Columbia)
PB-LA-0006-0001
Phillips, Trey (Louisiana)
PB-LA-0006-0001
Thornhill, Jessica M.P. (Louisiana)
PB-LA-0006-0001
Other Lawyers None on record

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