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On September 18, 2004, by a large margin, the voters of louisiana approved a state constitutional amendment that bans same-sex marriages and civil unions.
Although Louisiana already has a law recognizing marriage only between a man and a woman, this amendment gives protection to that law in the state constitution. It also prohibits state officials and courts from recognizing any out-of-state same-sex marriages or civil unions.
On January 19, 2005, in Forum for Equality v McKeithen, the Louisiana Supreme Court said that "a defense of marriage amendment (Act 926) to the Louisiana constitution, which was approved by voters last September (Forum for Equality v. McKeithen), was validly adopted." Additionally, Louisiana Supreme Court Chief Justice Pascal F. Calogero, Jr. stated on pages 35 and 36: "I wish to reiterate the majority’s observations, at note 31, concerning the impact of this decision on property and contract rights of unmarriedcouples. Nothing in the majority opinion would prohibit an unmarried couple from contracting to be co-owners of property, from designating each other agents authorized to make critical end of life decisions, or from leaving property to each other through wills. The majority opinion does not disturb or impair the fundamental contract and property rights possessed by all individuals, be they homosexual or heterosexual, married or unmarried.