Case: Forum for Equality Louisiana v. Barfield

2:14-cv-00327 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 12, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On February 12, 2014, four married, same-sex couples and a nonprofit organization filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court Eastern District of Louisiana against the State of Louisiana. The plaintiffs, represented by private counsel, sought a declaration that any Louisiana laws that do not recognize the legal marriages of same-sex couples performed in other jurisdictions are unconstitutional and that the enforcement of such laws violates citizens' right to free speech. T…

On February 12, 2014, four married, same-sex couples and a nonprofit organization filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court Eastern District of Louisiana against the State of Louisiana. The plaintiffs, represented by private counsel, sought a declaration that any Louisiana laws that do not recognize the legal marriages of same-sex couples performed in other jurisdictions are unconstitutional and that the enforcement of such laws violates citizens' right to free speech. They also sought to enjoin enforcement of such laws, require the defendants in their official capacities to recognize the plaintiffs' marriages as valid and enforceable under Louisiana law, and award the plaintiffs reasonable attorney's fees and costs of suit.

The Louisiana Anti-Recognition Laws prohibited Louisiana officials from recognizing the marriages of same-sex couples entered into in another jurisdiction where same-sex marriages were legal. The plaintiff claimed that the Louisiana Anti-Recognition Laws violated their rights under the Equal Protection and Due Process clauses of the United States constitution. The plaintiffs also alleged that the laws infringed upon their freedom of speech.

This case was consolidated with a similar Louisiana case, Robicheaux v. Caldwell, on March 18, 2014.

On September 3, 2014, Magistrate Judge Michael North entered judgment in favor of the defendants. Robicheaux v. Caldwell, 2 F. Supp. 3d 910 (E.D. La. 2014). The Court found that the State of Louisiana had a legitimate interest under a rational basis standard of review for addressing the meaning of marriage through the democratic process, and that the plaintiffs had failed to establish a genuine dispute regarding a First Amendment violation. The order denied the plaintiffs' motion for summary judgment and granted the defendants' motion for the same.

On September 4, 2014, the plaintiffs appealed to the U.S. Court of Appeals for the Fifth Circuit. While this appeal was under submission, the Supreme Court decided Obergefell v. Hodges, 135 S.Ct. 2584 (2015), (PB-OH-0003 in this Clearinghouse), which held that the right to marry is a fundamental right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment and that same-sex couples may not be deprived of that right. Thus, on July 1, 2015, the Fifth Circuit reversed the District Court's decision and remanded for entry of judgment in favor of the plaintiffs. Robicheaux v. Caldwell, 791 F.3d 616 (5th Cir. 2015). The case is now closed.

Summary Authors

Megan Dolan (10/23/2014)

Priyah Kaul (12/4/2014)

Eva Richardson (1/7/2019)

Related Cases

Robicheaux v. Caldwell, Eastern District of Louisiana (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4270383/parties/forum-for-equality-louisiana-inc-v-barfield/


Judge(s)

Feldman, Martin Leach-Cross (Louisiana)

Attorneys(s) for Plaintiff

Courson, J. Dalton (Louisiana)

Harris, Lesli D. (Louisiana)

Laborde, Maurine Wall (Louisiana)

Landis, John M. (Louisiana)

Tigchelaar, Brooke C. (Louisiana)

Wall, Maurine (Louisiana)

Attorneys(s) for Defendant

Duncan, Stuart Kyle (Louisiana)

Glazer, Phyllis Esther (Louisiana)

Johnson, J. Michael (Louisiana)

Judge(s)

Feldman, Martin Leach-Cross (Louisiana)

Attorneys(s) for Plaintiff

Courson, J. Dalton (Louisiana)

Harris, Lesli D. (Louisiana)

Laborde, Maurine Wall (Louisiana)

Landis, John M. (Louisiana)

Tigchelaar, Brooke C. (Louisiana)

Wall, Maurine (Louisiana)

Attorneys(s) for Defendant

Duncan, Stuart Kyle (Louisiana)

Glazer, Phyllis Esther (Louisiana)

Johnson, J. Michael (Louisiana)

Sanders, David Glen (Louisiana)

Documents in the Clearinghouse

Document

2:14-cv-00327

Docket [PACER]

July 2, 2015

July 2, 2015

Docket
1

2:14-cv-00327

Complaint for Declaratory and Injunctive Relief

890 F.3d 954, 2014 WL 570570

Feb. 12, 2014

Feb. 12, 2014

Complaint
16

2:14-cv-00327

[Order for case consolidation]

March 18, 2014

March 18, 2014

Order/Opinion
131

2:13-cv-05090

Order and Reasons

Robicheaux v. Caldwell

2 F.Supp.3d 910

Sept. 3, 2014

Sept. 3, 2014

Order/Opinion
17

2:14-cv-00327

Judgment

Forum for Equality Louisiana v. Barfield

Sept. 3, 2014

Sept. 3, 2014

Order/Opinion
138

2:14-cv-00327

14-31037

Opinion

Forum for Equality Louisiana, Inc. v. Barfield

U. S. Court of Appeals for the Fifth Circuit

791 F.3d 616

July 1, 2015

July 1, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4270383/forum-for-equality-louisiana-inc-v-barfield/

Last updated Aug. 8, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 053L-4341180) filed by Henry Lambert, M. Lauren Brettner, R. Carey Bond, Sergio March Prieto, Jacqueline M. Brettner, L Havard Scott, III, Nicholas J. Van Sickels, Forum for Equality Louisiana, Inc., Andrew S. Bond. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons) (Entered: 02/12/2014)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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Feb. 12, 2014

Feb. 12, 2014

RECAP
2

Initial Case Assignment to Judge Martin L.C. Feldman and Magistrate Judge Karen Wells Roby. (mmv, ) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

PACER
3

Summons Issued as to Tim Barfield, Devin George. (Attachments: # 1 Summons)(cml, ) (Entered: 02/12/2014)

1 Summons

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Feb. 12, 2014

Feb. 12, 2014

PACER
4

SUMMONS Returned Executed; Tim Barfield served on 2/13/2014, answer due 3/6/2014. (Courson, James) (Entered: 02/15/2014)

Feb. 15, 2014

Feb. 15, 2014

PACER
5

SUMMONS Returned Executed; Devin George served on 2/13/2014, answer due 3/6/2014. (Courson, James) (Entered: 02/15/2014)

Feb. 15, 2014

Feb. 15, 2014

PACER
6

Statement of Corporate Disclosure by Forum for Equality Louisiana, Inc. (Courson, James) (Entered: 02/17/2014)

Feb. 17, 2014

Feb. 17, 2014

PACER
7

EXPARTE/CONSENT MOTION to Appear as Counsel of Record by Tim Barfield, Devin George. (Attachments: # 1 Proposed Order Proposed order on motion to appear as counsel for Defendants)Attorney Stuart Kyle Duncan added to party Tim Barfield(pty:dft), Attorney Stuart Kyle Duncan added to party Devin George(pty:dft).(Duncan, Stuart) (Entered: 02/24/2014)

1 Proposed Order Proposed order on motion to appear as counsel for Defendants

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Feb. 24, 2014

Feb. 24, 2014

PACER
8

EXPARTE/CONSENT Joint MOTION for Entry of a Briefing Schedule for Cross-Motions for Summary Judgment, Joint MOTION for Leave to File Excess Pages for Memoranda in Support of Motions for Summary Judgment, Consent MOTION for Extension of Time to Answer re 1 Complaint, by Defendants and by Andrew S. Bond, R. Carey Bond, Jacqueline M. Brettner, M. Lauren Brettner, Forum for Equality Louisiana, Inc., Henry Lambert, Sergio March Prieto, L Havard Scott, III, Nicholas J. Van Sickels. (Attachments: # 1 Proposed Order)(Courson, James) (Entered: 02/26/2014)

1 Proposed Order

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Feb. 26, 2014

Feb. 26, 2014

PACER
9

ORDER granting 7 Motion to Appear. Signed by Judge Martin L.C. Feldman on 2/26/2014. (caa, ) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
10

ORDER: Status Conference set for 3/14/2014 10:30 AM before Judge Martin L.C. Feldman. Signed by Judge Martin L.C. Feldman.(caa, ) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
11

ORDER denying 8 Motion for Briefing Schedule, Motion for Leave to File Excess Pages & Motion for Extension of Time to Answer. Signed by Judge Martin L.C. Feldman on 2/27/2014. (caa, ) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

RECAP
12

EXPARTE/CONSENT MOTION for Extension of Time to Answer re 1 Complaint, by Tim Barfield, Devin George. (Attachments: # 1 Proposed Order)(Duncan, Stuart) Modified docket text on 3/3/2014 (jtd). (Entered: 03/02/2014)

1 Proposed Order

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March 2, 2014

March 2, 2014

PACER
13

Correction of Docket Entry by Clerk re 12 MOTION for Extension of Time to Answer re 1 Complaint. Attachment has duplicate description (i.e. Proposed Order Proposed Order on Motion for Extension of Time to Answer). For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk removed duplicate text. (jtd) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
14

ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint, as to Tim Barfield answer due 3/27/2014; Devin George answer due 3/27/2014. Signed by Judge Martin L.C. Feldman on 3/5/2014. (mmm) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
15

Minute Entry for proceedings held before Judge Martin L.C. Feldman: Status Conference held on 3/14/2014. (Court Reporter Toni Tusa.) (caa) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

RECAP
16

ORDER that 14-0327 is consolidated with 13-5090. FURTHER ORDER that Case is transferred to Magistrate Judge Michael North for all further proceedings. Magistrate Judge Karen Wells Roby no longer assigned to case. Signed by Judge Martin L.C. Feldman on 3/18/2014.(caa) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
17

JUDGMENT entered in favor of Devin George & Tim Barfield against Forum for Equality Louisiana, Inc., Andrew S. Bond, Henry Lambert, Jacqueline M. Brettner, L Havard Scott, III, M. Lauren Brettner, Nicholas J. Van Sickels, R. Carey Bond & Sergio March Prieto. Signed by Judge Martin L.C. Feldman on 9/3/2014.(caa) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
18

NOTICE OF APPEAL by Andrew S. Bond, R. Carey Bond, Jacqueline M. Brettner, M. Lauren Brettner, Forum for Equality Louisiana, Inc., Henry Lambert, Sergio March Prieto, L Havard Scott, III, Nicholas J. Van Sickels as to 17 Judgment. (cml) (Entered: 09/05/2014)

Sept. 4, 2014

Sept. 4, 2014

PACER
19

JUDGMENT entered in favor of Forum for Equality Louisiana, Inc., Andrew S. Bond, Henry Lambert, Jacqueline M. Brettner, L Havard Scott, III, M. Lauren Brettner, Nicholas J. Van Sickels, R. Carey Bond and Sergio March Prieto and against Devin George and Tim Barfield, as stated herein. FURTHER ORDERED that this Court's Order and Reasons and the accompanying Judgment dated 9/3/2014, are hereby recalled and rescinded. ORDERED that Plaintiffs in each of these consolidated cases are awarded their costs, expenses, and reasonable attorneys' fees according to 42 U.S.C. 1988 and any other applicable laws. The question of quantum is referred to the magistrate judge. Signed by Judge Martin L.C. Feldman on 7/2/2015.(Reference: ALL CASES) (NEF: MAG-5)(caa) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

RECAP
20

USCA JUDGMENT issued as mandate on 7/1/2015. It is ORDERED and ADJUDGED that the judgment of the District Court is REVERESED, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. FURTHER ORDERED that appellees pay to appellants the costs on appeal to be taxed by the Clerk of this Court. USCA judge name: HIGGINBOTHAM, SMITH, and GRAVES. (Attachments: # 1 Opinion, # 2 Transmittal Letter)(cml) (Entered: 07/02/2015)

1 Opinion

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2 Transmittal Letter

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July 2, 2015

July 2, 2015

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 12, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are four married, same-sex couples and a nonprofit organization that advocates for the rights of gay, lesbian, bisexual, and transgender Louisiana residents.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Louisiana , State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male