Ugh. 2016 just got a little worse.
A bitter legal battle between Louisiana’s pro-gay, Democratic Governor John Bel Edwards and the state’s anti-gay, Republican Attorney General Jeff Landry has been festering for months. Now, thanks to one conservative judge in Baton Rouge, it’s over. And it doesn’t bode well for LGBTQ people.
Related: Louisiana’s Incoming Democratic Governor Is Already Proving To Be An LGBTQ Ally
To make a long and complicated story short: At the start of his term earlier this year, Gov. Edwards issued an executive order protecting LGBTQ people working in state government from being discriminated against because of their sexual orientations and/or gender identities.
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Landry, who just so happens to have a gay brother, didn’t like that very much. He said the governor had overstepped his bounds by imposing the LGBTQ workplace protections when state lawmakers had already voted against a similar law several times in the past.
A months-long legal battle ensured. Finally this morning, Judge Todd Hernandez ruled in favor of Landry, saying Gov. Edwards had exceeded his constitutional authority.
“The effect of [the executive order’s] adoption and implementation, creates new and/or expands upon existing Louisiana law as opposed to directing the faithful execution of the existing law of this state,” Judge Todd Hernandez wrote in his ruling, before throwing out the case.
Related: Louisiana Supreme Court Justice Implies Gay Parents Are Pedophiles
During his final argument, Landry said he didn’t mind offering protections to gay, lesbian, and bisexual government employees. It was transgender ones he felt uneasy about, once again bringing up the tired, old public bathroom debate–Which bathrooms would they use in government buildings? And how would bathroom use be enforced?!
After the ruling, Gov. Edwards issued a statement saying he was discouraged but still committed to fighting for the rights of LGBTQ Louisianians and visitors.
“We are disappointed in the court’s ruling today,” he said. “However, we fully intend to appeal this issue, which is how the parties knew that this matter would ultimately be resolved.”
He added: “With great respect for the role of the Louisiana legislature, we continue to believe that discrimination is not a Louisiana value and that we are best served as a state when employment decisions are based solely on an individual’s qualifications and job performance.”
Related: This Super Antigay Politician Doesn’t Want Anyone To Know He Has A Liberal Gay Brother
MacAdvisor
I wouldn’t be all that disturbed at this ruling. It is soundly grounded in the applicable state law. As much as I applaud the Governor’s efforts, he did exceed his powers.
Truth-is-Truthy
Sheesh, why not just build a third bathroom? Then there’s no controversy, and everybody is taken care of. A male bathroom, a female bathroom, and a transgender bathroom. It’s really not that complicated.
ahtorg
How do these people use a public lavatory on a transpacific 10-14 hour Flight?
Opine2
@Truth-is-Truthy: So hows that going to work, retro fit a 3rd bathroom in every work place, theater, cinema, mall, gas station, etc? Are you going to try and force overseas registered ships and planes to set aside bath rooms, good luck with that on Saudi Air.
Not really that easy is it?
customartist
So there is not justification to malign LG and B citizens under the Constitution, but T citizens, oh yes, there is a constitutionally sound justification to set those folks aside and discriminate against them, I see? Of course there is not legitimate justification to discriminate against any particular group of law-abiding, tax-paying citizens.
———-
On the overstepping issue, as I see it, State officials, no matter their post, must also adhere to the U.S. Constitution, and it’s Equal Protection Clause, not just the State laws. This is an aspect that many people overlook.
peterblaise
.
[ @Truth-is-Truthy ], trans gender people are legally equally the gender they identify as, as are non-trans gender people the gender they identify as, in that they each have legally equal:
— self identification,
— state licensed physician’s certification,
— no operation necessary.
In the US, we-the-people instituted a government to secure the individual rights of each citizen, and we support that by prohibiting discrimination between legally equal people in government and public accommodations.
Your “third facility” idea makes no sense — you would be statutorily directing female children and male adults the same facility.
What was your goal again?
.
BriBri
Transgenders can go in the woods.
Chris
Wh not appeal to the State Supreme Court?
1EqualityUSA
Type in under google images, “Peter, a young English girl” for hip tile ideas. The backsplash in the in the trans bathroom will be beyond cool. Even SaudiAir-abs would smile. (somewhat).
crowebobby
@BriBri: But then where will the bears go? A-hole!
kille310
@Opine2: Why dont use the handicap bathrooms already in place. They are usually unisex and have all the things the others have, so whats the problem?!
Mack
This will never be solved since there are so many ignorant people out there.
Arconcyyon
Number the hattutens city ! city buinees tuor night the day no not no ! because is city end city daw inteior urbany last cauntry very number the boytranssex naturality the kids teeen age the age normality pm am family ! super very the very number homossexgay inter discrety public !!! More the luck is sexo passivy activy like life the peace soceity paece the homofobic . luck google tuor vist .
Arconcyyon
Citty cauntry good the like life good fest day fest end the my good show beleivy .luck good life teen .
1EqualityUSA
Not everyone can see our souls; bigots focus on our physical matter, minds mired in fear. The prism amends and fear distorts, alas, the other. We are more than our atoms. We are more than our molecules. We have a spirit. Be sure of your motives, should you dare to classify our spiritual station, as you deny our humanity.
notcisjustmale
“After the ruling, Gov. Edwards issued a statement saying he was discouraged but still committed to fighting for the rights of LGBTQ Louisianians and visitors.”
Did the governor say LGBTQ or did the political correctness police insist on the Q?
Transiteer
Courts removing Rights and Protections from Citizens. How Russian . . . . .
nitejonboy
Once again, I am ashamed to be from this wretched state of Louisiana, or as we call it, LOUSY ANNA
dean089
So gay people in Louisiana are back to being treated just like gay people everywhere else.
cabe
@dean089:
no- many other states from MA to NY to CA to RI have legal federal and private employment discrimination protections for gay/trans people. LA is one of the typical southern states that is way behind the curve on this.
Danny279
@notcisjustmale: Of course the executive order made no mention of “LGBTQ.” And there are no “Q protections.” Queerty just re-wrote the story and mis-reported the news to make it conform to Queerty’s own political preferences. You can do stuff like that when you have no journalistic ethics.
Kylie Meyer
Why is it that these dnam redneck Confederates can never get it through their bloody skulls that pushing for this siht is unconstitutional? Let alone unbiblical?! Which greatly contradicts the reason for these backward thinking knuckle dragging troglodytes pushing this filth in the first place?! These people need to stop wasting legislative tax dollars to pass pointless laws that marginalize taxpayers, that ultimately get turned over, and thus we start the cycle all over again, cause great discourse within a CIVILIZED society, and have nothing to do with society in general. Put your religious blhilust aside, as it does not belong in government affairs in the first place. It never has and it never will. Not just because of Separation of Church and State, which always seems to be your main argument, but also because of the First Amendment of the U.S. Constitution. Christ himself said love does no harm to it’s neighbor, and yet all you do is tell people how little they are in your eyes. The harder you push to oppress people, the harder they and others push to liberate those you dare to oppress, and you’re back at the beginning before you know it fighting the same endless brainless fight.
1EqualityUSA
Kylie Meyer, One mosquito is annoying, a swarm, a contender.
dwes09
@notcisjustmale: “Did the governor say LGBTQ or did the political correctness police insist on the Q?”
Did you have no comment of substance to make on the issue, or did you just mistake your imagination-based outrage for reality? Maybe he did, maybe he didn’t, it has no beearing on the issue whatsoever fool!
What is with these right wing a-holes who think snark and childishness are wisdom or insight?
dwes09
@Danny279: And you can assume your imagination is reality when you have no grounding in reality. Truth is you have no idea what the governor actually said and think your appeal to the anti-political correctness, pro-childish rudeness crowd has some merit or bearing. It doesn’t. The offense to those of us who are lgbt (exclusive of the self-disparaging ones such as yourself and the other log cabin types) remains exactly the same.
rbernard
There is a large gay population living in Louisiana that needs and deserves protections. The petrochemical industry is the main foundation holding up the state’s economy. Because of the oil glut and the decreasing demand for oil products, this industry is in decline and is negatively affecting the state’s ability to raise enough tax revenue to fund the state government. When former Gov. Bobby Jindal tried to sponsor and pass a discriminatory Religious Freedom Restoration Act, which the legislature was poised to pass, the threat of a national boycott of the state, that RFRA was immediately withdrawn and never to be heard of since. My point is, Louisianans care more about their pocketbook than about policing what people do in their private lives. That said, the boycott of North Carolina help to depose bigot Gov. Pat McCrory of North Carolina and set back the republican party in that state. Maybe it is time to do some saber rattling and threaten the state of Louisiana with a national boycott of it’s other critical industry – tourism. Maybe a national boycott of Louisiana will inspire some equality legislation to protect against evil discrimination and social injustice.
Danny279
@dwes09: It isn’t “what the governor said.” It’s an executive order. It’s in writing, a public document. Look it up. There are no “Q protections” and no mention of “queers.” Also, while it is sad that you willfully embrace the fraud of “LGBT,” I note that even you left off the “Q.” When even a dullard like you can see the folly of “LGBTQ,” that’s saying something.
David Myers
@ahtorg: “These people” like everyone else use the same bathrooms that both men and women use. There are no separate men and women bathrooms on planes! An expression like “these people” or “those people” betrays either a total alienation from transgender persons (fear or hatred)and indicate a prejudiced attitude, or in some cases, an uncertainty about what the correct term would be . . . if you are of the later variety, then trans person or transgender person will do nicely.
David Myers
@Danny279: Go away Troll . . . You have no power here!
Hermes
@peterblaise: Sorry – I do not agree that third bathrooms are a bad idea. We have gendered and genderless bathrooms at our office – it was not difficult to install, nor particularly expensive, and everyone is just fine with it. Furthermore, we have trans-persons who work there, and they don’t see the big deal either and do, in fact, use the genderless bathrooms as they are also more private.
Hermes
@Danny279: Danny lad, do you have a copy of the executive order you are willing to share? I’d be happy to get it by email. I presume you must have a copy since you speak about its content with authority.
Thanks,
email to: [email protected]