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03/28/02 "See News Release 26 for Dissents and Concurrences"

SUPREME COURT OF LOUISIANA NO. 99-CA-3357 NO. 01-CA-2106

LOUISIANA ELECTORATE OF GAYS AND LESBIANS, INC., ET AL. V. THE STATE OF LOUISIANA, ET AL. ON APPEAL FROM THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, HONORABLE CAROLYN GILL-JEFFERSON, JUDGE

PER CURIAM*
This civil litigation involves the constitutionality of La. R.S. 14:89(A)(1)1 and certain ancillary sex offender provisions. Plaintiffs, who include individual gay men and lesbians and the Louisiana Electorate of Gays and Lesbians, Inc. ("LEGAL"), filed a declaratory judgment action in 1994 against the State of Louisiana, its attorney general, and a defendant class of district attorneys throughout the state (except the Jefferson Parish district attorney). Plaintiffs alleged that the targeted statutes are unconstitutional because they: (a) are arbitrarily applied and arbitrarily enforced against plaintiffs as gay men and lesbians and reward police misconduct in such application

*

Knoll, J., recused. La. R.S. 14:89(A)(1) sets forth the following definition of crime against nature: The unnatural carnal copulation by a human being with another of the same sex or opposite sex or with an animal, except that anal sexual intercourse between two human being shall not be deemed as a crime against nature when done under any of the circumstances described in R.S. 14:41, 14:42, 14:42.1 or 14:43. Emission is not necessary; and, when committed by a human being with another, the use of the genital organ of one of the offenders of whatever sex is sufficient to constitute the crime.

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and enforcement in violation of La. Const. art. I,

Download 1999-CA-3357 and 2001-CA-2106 LOUISIANA ELECTORATE OF GAYS AND LESBIANS,.pdf

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