The Anti-Recognition Laws do not promote heterosexual marriage at all. Instead, they harm same-sex couples and their families. It is an undisputed fact that three of the Plaintiff couples are raising children. One couple, Courtney and Nadine Blanchard, used assisted reproductive technology to conceive their child. Ex. 3 to Pls.'Mot, Rec. Doc.86-7 at ¶ 13; Ex. 4 to Pls.'Mot, Rec. Doc.86-8 at ¶ 13. The couple used Courtney's egg, butNadine carried the child.
Because Nadine gave birth to the child, Louisiana only recognizes heras the child's motherthoughthe child is biologically Courtney's.
The Blanchards exemplifythe deficiency of Defendants'contention that the Anti-Recognition Laws have the purpose of "linking children with biological parents." Rec. Doc.84-1 at 16. Instead, these laws havethe oppositeeffect. The sole purpose and effect of the Anti-Recognition Laws is to demean and deny recognition to validly married same-sex couples. In the process, the laws harm children by
a link between a parentand her child—even when they share a biological link. Defendants'argument that Louisiana law should only change through social consensuslacks fundamental understanding of (or simply ignores) the history of Louisiana andcurrent events. In the late 1950's and 1960's, despite a lack of social consensuson the issue, this Courtwas required tointervene when Louisianaresisted racial integration. And just last month, the Louisiana Legislature refusedto prohibithousing discrimination on the basis of sexual orientationand maintained an anti-sodomy lawthat blatantly violates the United States Constitution. Clearly, discrimination against Plaintiffs and other same-sexcouples will not end through social consensus. Like racial segregation, a change in the unconstitutional Anti-Recognition Laws—which serve only to institutionalize and sanction discrimination against gay, lesbian, and bisexual Louisianans—requiresintervention by this Court.
Many couples are using this method of conception, known as reciprocal in vitrofertilization.
Case 2:13-cv-05090-MLCF-ALC Document 100 Filed 05/19/14 Page 3 of 25