ROBICHEAUX v. CALDWELL

No. 14-31037.

791 F.3d 616 (2015)

Jonathan P. ROBICHEAUX; Derek Penton; Nadine Blanchard; Courtney Blanchard, Plaintiffs-Appellants, v. James D. CALDWELL, in his Official Capacity as the Louisiana Attorney General, also Known as Buddy Caldwell, Defendant-Appellee. Jonathan P. Robicheaux; Derek Penton; Nadine Blanchard; Courtney Blanchard; Robert Welles; Garth Beauregard, Plaintiffs-Appellants, v. Devin George, in his Official Capacity as the State Registrar and Center Director at Louisiana Department of Health and Hospitals; Tim Barfield, in his Official Capacity as the Louisiana Secretary of Revenue; Kathy Kliebert, in her Official Capacity as the Louisiana Secretary of Health and Hospitals, Defendants-Appellees. Forum For Equality Louisiana, Incorporated; Jacqueline M. Brettner; M. Lauren Brettner; Nicholas J. Van Sickels; Andrew S. Bond; Henry Lambert; R. Carey Bond; L. Havard Scott, III; Sergio March Prieto, Plaintiffs-Appellants, v. Tim Barfield, in his Official Capacity as Secretary of the Louisiana Department of Revenue; Devin George, in his Official Capacity as Louisiana State Registrar, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 1, 2015.


Attorney(s) appearing for the Case

James Dalton Courson , Lesli Danielle Harris , Brooke C. Tigchelaar , Stone Pigman Walther Wittmann, L.L.C., Richard Gerard Perque , New Orleans, LA, Kenneth Dale Upton, Jr. , Paul David Castillo , Lambda Legal Defense & Education Fund, Incorporated, Dallas, TX, Omar Francisco Gonzalez-Pagan , Karen Lee Loewy , Susan L. Sommer , Lambda Legal Defense & Education Fund, Incorporated, New York, N.Y., Camilla Bronwen Taylor (argued), Lambda Legal Defense Si Education Fund, Incorporated, Chicago, IL, for Plaintiffs-Appellants.

Stuart Kyle Duncan (argued), Duncan, P.L.L.C., Washington, DC, James Michael Johnson, Esq. , Kitchens Law Firm, A.P.L.C., Bossier City, LA, Angelique Duhon Freel, Esq. , Assistant Attorney General, Louisiana Department of Justice, Baton Rouge, LA, for Defendants-Appellees.

Paul March Smith , Jenner & Block, L.L.P., Gene C. Schaerr , Law Offices of Gene Schaerr, Elizabeth Bonnie Wydra , Chief Counsel, David Robert Nimocks, Esq. , Washington, DC, Sharonda R. Williams, Esq. , City Attorney's Office, Candice Cheree Sirmon , American Civil Liberties Union Foundation of Louisiana, Joseph Lee McReynolds, Esq. , Senior Trial Attorney, Deutsch, Kerrigan & Stiles, L.L.P., Deborah Ann Pearce , Law Offices of Deborah Pearce, New Orleans, LA, Diane M. Soubly , Stevenson Keppelman Associates, Erin Elizabeth Mersino , Thomas More Law Center, Arm Arbor, MI, Benjamin Gross Shatz , Manatt, Phelps & Phillips, L.L.P., Los Angeles, CA, Stuart Christopher Plunkett , Sara Lindsay Bartel, Esq. , Morrison Si Foerster, L.L.P., San Francisco, CA, Charles Ray Jones , Baton Rouge, LA, George M. Weaver , Hollberg & Weaver, L.L.P., Atlanta, GA, Paul Benjamin Linton, Esq. , Northbrook, IL, for Amicus Curiae.

Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges.


The plaintiffs are seven same-sex couples and an organization whose membership includes same-sex couples and their families. The couples seek to marry in Louisiana or to have their marriage in another state recognized in Louisiana. They sued the state defendants for declaratory and injunctive relief, asking the district...

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