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FORUM FOR EQUALITY PAC v. McKEITHEN

No. 2004 CE 2182.

886 So.2d 1172 (2004)

FORUM FOR EQUALITY PAC, A Registered Louisiana Political Action Committee, Louisiana Log Cabin Republicans, an Unincorporated Louisiana Association, Laurence E. Best, Jeanne M. LeBlanc, Gerald W. Thibodeaux, William A. Schultz, and Julie A. Jacobs v. The Honorable W. Fox McKEITHEN, in His Official Capacity as Secretary of State of Louisiana Only, and Not Individually, and The City of New Orleans.

Court of Appeal of Louisiana, First Circuit.

October 13, 2004.

Attorney(s) appearing for the Case

John D. Rawls, Regina O. Matthews, Kenneth Randall Evans, New Orleans, Counsel for Plaintiffs/Appellees/Appellants, Forum for Equality PAC, Louisiana Log Cabin Republicans, Laurence E. Best, Jeanne M. LeBlanc, Gerald W. Thibodeaux, William A. Schultz, and Julie Jacobs.

Thomas A. Robichaux, Evelyn Pugh, Sherry S. Landry, New Orleans, Counsel for Defendant/Appellee, City of New Orleans.

Charles C. Foti, Jr., Attorney General, Angie Rogers LaPlace, Roy A. Mongrue, Jr., Thomas Halligan, Assistant Attorneys General, Baton Rouge, Counsel for Defendant/Appellant/Appellee, The Honorable W. Fox McKeithen, Secretary of State of Louisiana.

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

Before: CARTER, C.J., WHIPPLE, PETTIGREW, GAIDRY and McDONALD, JJ.

PER CURIAM.

This court has been asked to address the correctness of the district court judgment, which in addition to other conclusions, expressly declares Constitutional Amendment No. 1 ("Amendment"), approved by a majority of the Louisiana electorate at the September 18, 2004 election and proposing the addition of Article XII, Section 15 to the Louisiana Constitution, unconstitutional. Finding jurisdiction rests with...

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