2016 Regular Session ENROLLED
SENATE RESOLUTION NO. 143
BY SENATOR MORRELL
A RESOLUTION
To urge and request the Marriage-Persons Committee of the Louisiana State Law Institute
to study, and the Louisiana State Law Institute to make, annual comprehensive and
ongoing recommendations to the Legislature regarding state law post Obergefell v.
Hodges, including but not limited to recommendations in the form of proposed
legislation for revisions to laws governing families, persons, community property,
successions, immovable property, the rights of third parties, procedure, and the
stability and validity of transactions.
WHEREAS, in Obergefell v. Hodges, the United States Supreme Court in 2015 held
that state bans on same-sex marriage violate both the Due Process and Equal Protection
Clauses of the Fourteenth Amendment to the United States Constitution, and further
recognized that there was no lawful basis to uphold so-called "recognition bans" purporting
to ban the recognition of same-sex marriages performed under the laws of other states; and
WHEREAS, in state cases such as Costanza v. Caldwell the Louisiana Supreme
Court discussed the effects of Obergefell and pointed out that the United States Supreme
Court's interpretation of the federal constitution is final and binding upon all of the courts
of Louisiana, and further that Obergefell compels the conclusion that the state of Louisiana
may not bar same-sex couples from the civil effects of marriage on the same terms accorded
to opposite-sex couples; and
WHEREAS, in a preliminary report to the Legislature concerning same-sex marriage
dated March 16, 2016, the Marriage-Persons Committee of the Louisiana State Law Institute
pointed out that these rulings have immediately and significantly impacted many areas of
Louisiana law and have further immediately made invalid and inaccurate and outdated the
present language of numerous existing statutory provisions, including constitutional
provisions and laws governing the rights of individuals, family law, maternity, paternity,
community property, debt and other obligations of spouses, transactions involving
immovable property, successions, procedure, and the rights and settled expectations of third
parties under existing law; and
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WHEREAS, an additional significant concern noted by the report was the potential
retroactive application of the effects of Obergefell and the impact of such retroactive
application upon marital relationships, community property, successions, and the rights of
third parties, including buyers of immovable property and creditors alike; and
WHEREAS, in light of these rulings and issues, the study and development of
comprehensive and ongoing revisions to numerous existing provisions of Louisiana law is
necessary in order to enact statutory language that reduces legal uncertainty, promotes the
orderly administration of justice, provides protections to persons and stability to family
relationships and property regimes, and prevents problematic judicial action and
interpretation of law adversely impacting families and innocent third parties; and
WHEREAS, the Marriage-Persons Committee of the Louisiana State Law Institute
should conduct such a study and the Louisiana State Law Institute should prepare, on an
annual basis, comprehensive and ongoing recommendations in the form and content of
substantive legislation to revise existing provisions, or enact new provisions, of Louisiana
law in order to address these issues.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request the Marriage-Persons Committee of the Louisiana State Law
Institute to study, and the Louisiana State Law Institute to make, annual comprehensive and
ongoing recommendations to the Legislature regarding state law post Obergefell v. Hodges,
including but not limited to recommendations in the form of proposed legislation for
revisions to laws governing family relations, community property, successions, immovable
property, the rights of third parties, procedure, and the stability and validity of transactions.
BE IT FURTHER RESOLVED that, at least forty-five days prior to the convening
of each regular legislative session, the Louisiana State Law Institute shall report its findings
and recommendations in the form of proposed legislation to the Legislature of Louisiana.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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