Louisiana

Triple-digit heat indices on Louisiana State Penitentiary's death row do not constitute cruel and unusual punishment, the U.S. Court of Appeals for the Fifth Circuit has ruled. The Times-Picayune's Emily Lane reports that the court did agree that extreme temperatures constituted cruel and unusual punishment for the three plaintiffs who filed the lawsuit. However, the court ruled that air conditioning does not have to be provided to all of death row.

Shortly after the U.S. Court of Appeals of Fifth Circuit heard oral argument in a case that upheld Louisiana's ban on same-sex marriages, the U.S. Supreme Court has declined to take up that case, The Guardian's Amanda Holpuch reports. There are four other cases pending before the U.S. Supreme Court that went through the Sixth Cicuit, which is the only federal circuit court to uphold bans on same-sex marriage so far.

A Louisiana judge has ruled that the state's ban on same-sex marriage is unconstitutional in the case of a couple seeking recognition of their California nuptials, KSLA News reports. A federal judge ruled earlier this year that the state-level ban on same-sex marriage is constitutional, reasoning that "gay marriage supporters failed to prove that the ban violates equal protection or due process provisions of the Constitution."

The Seventh Circuit ruled today that Indiana's and Wisconsin's bans on same-sex marriage are unconstitutional, the Associated Press reports. Judge Richard Posner, writing for the court, opined that “'the challenged laws discriminate against a minority defined by an immutable characteristic, and the only rationale that the states put forth with any conviction — that same-sex couples and their children don’t need marriage because same-sex couples can’t produce children, intended or unintended — is so full of holes that it cannot be taken seriously,'” the Wisconsin Gazette reports.

Yesterday, U.S. District Judge Martin Feldman, who sits in Louisiana, became the first judge to rule that a state-level ban on same-sex marriage was constitutional, the AP also reports. According to the news wire, Feldman opined that "gay marriage supporters failed to prove that the ban violates equal protection or due process provisions of the Constitution. He also rejected an argument that the ban violated the First Amendment by effectively forcing legally married gay couples to state that they are single on Louisiana income tax returns. Furthermore, states have the right to define the institution of marriage, Feldman wrote."

A federal judge rejected a same-sex couple's lawsuit seeking to establish the right to marry in Louisiana on the grounds that the court does not have jurisdiction over the case, The Washington Blade reports. Only Louisiana Attorney General James Caldwell was named as a defendant and his office has not denied plaintiffs the recognition of their marriage, The Blade reports. The plaintiffs intend to refile their case.

"Suzanne Goldberg, a lesbian and co-director of Columbia University’s Center for Gender & Sexuality Law, said the plaintiffs would be in a stronger position in the case if they sought recognition and then alleged in their amended complaint that the recognition was denied," The Blade further reports.

The Innocence Project of New Orleans is challenging a charge from the New Orleans Police Department to inspect public records, The Louisiana Record reported. The argument in their complaint? "The IPNO cites the Louisiana Constitution, which says that 'no person shall be denied the right to…examine public documents, except in cases established by law' and claims that the fee the NOPD wishes to charge is not legal as it is not a fee for copying, and a requester must be allowed to inspect records for free," The Record also reported.