Louisiana Senate Bill SR143

Louisiana 2016 Regular Session

• Introduced: 5/23/16
• Refer: 5/24/16
• Passed: 6/3/16

Caption

Requests the Louisiana State Law Institute to study and make recommendations to the Louisiana Legislature regarding state law post-Obergefell v. Hodges.

Impact

The resolution emphasizes the necessity for ongoing legislative updates to align Louisiana's laws with the constitutional framework established by Obergefell. This entails reviewing and revising outdated laws governing family relations, community property, and third-party rights. The objective is to mitigate legal uncertainties and prevent adverse judicial outcomes for families while ensuring that property and succession laws reflect current legal realities regarding marriage equality.

Summary

Senate Resolution 143 urges the Louisiana State Law Institute's Marriage-Persons Committee to study the implications of the Supreme Court decision Obergefell v. Hodges on state law and provide comprehensive recommendations. This bill acknowledges the ruling's impact on various legal areas, including family law, property rights, and obligations affecting couples. It highlights the need for reforms to existing statutes to ensure legal certainty and equity following changes in the marital landscape, particularly concerning same-sex couples.

Sentiment

General sentiment around SR143 appears supportive among advocates for marriage equality and legal reform. They view the measure as a proactive step towards addressing gaps left by the Obergefell ruling. However, potential opposition may stem from those who are wary of change in traditional legal structures governing marriage and property rights. This divergence highlights the ongoing tensions in Louisiana law concerning the interpretation and implementation of marriage rights following new judicial standards.

Contention

Notable points of contention may revolve around the specifics of proposed revisions to family and property laws. There are concerns about how retroactive applications could affect current marital relationships and property ownership. The examination of such issues is crucial to ensure that reforms do not inadvertently disadvantage couples or create legal ambiguities. The work of the Louisiana State Law Institute in drafting these recommendations will likely be closely monitored by both supporters and detractors of the changes.