FORUM FOR EQUALITY v. CITY OF NEW ORLEANS

No. 2004-CA-1521.

881 So.2d 777 (2004)

FORUM FOR EQUALITY PAC, A Registered Louisiana Political Action Committee, Laurence E. Best, Jeanne M. Leblanc and William A. Schultz v. CITY OF NEW ORLEANS and The Honorable W. Fox McKeithen, in his Official Capacity as Secretary of State of Louisiana only, and not Individually.

Court of Appeal of Louisiana, Fourth Circuit.

August 30, 2004.


Attorney(s) appearing for the Case

John D. Rawls and Regina O. Matthews, Martzell & Bickford and Kenneth Randall Evans, Evans & Clesi, PLC, New Orleans, LA for Plaintiffs/Appellees.

J. Michael Johnson, Shreveport, LA, for Intervenors, Heulette "Clo" Fontenot, State Senator, John J. Hainkel, Jr., State Senator, A.G. Crowe, State Representative, Steve J. Scalise, State Representative, Louisiana Family Forum, Louisiana Family Forum Action, and American Family Association of New Orleans.

Charles C. Foti, Jr., Attorney General of Louisiana, Angie R. LaPlace, Assistant Attorney General of Louisiana, Roy A. Mongrue, Jr., Assistant Attorney General, Thomas S. Halligan, Assistant Attorney General, Baton Rouge, LA, for Defendant/Appellant, W. Fox McKeithen, in His Official Capacity as Secretary of State of Louisiana.

Thomas A. Robichaux, Assistant City Attorney, Deborah M. Henson, Assistant City Attorney, Ed Washington, Deputy City Attorney, Evelyn F. Pugh, Chief Deputy City Attorney, Sherry S. Landry, City Attorney, New Orleans, LA, for The City of New Orleans.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS JR., Judge LEON A. CANNIZZARO JR., Judge ROLAND L. BELSOME).


MICHAEL E. KIRBY, Judge.

The Honorable W. Fox McKeithen ("McKeithen"), Louisiana's Secretary of State, appeals a judgment of the Civil District Court for the Parish of Orleans, granting a writ of permanent injunction enjoining him from placing on the September 18, 2004 election ballot a proposed constitutional amendment, Act 926 of the 2004 Regular Session of the Louisiana Legislature (hereinafter, "Act 926"). Act 926, a joint resolution of the legislature, reads...

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