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01/19/05 "See News Release 005 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA NO. 04-OC-2551 FORUM FOR EQUALITY PAC, A REGISTERED LOUISIANA POLITICAL ACTION COMMITTEE, LOG CABIN REPUBLICANS, AN UNINCORPORATED LOUISIANA ASSOCIATION, LAURENCE BEST, JEANNE M. LEBLANC, GERALD W. THIBODEAUX, WILLIAM SCHULTZ AND JULIE A. JACOBS V. THE HONORABLE W. FOX MCKEITHEN, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE ONLY, AND NOT INDIVIDUALLY, AND THE CITY OF NEW ORLEANS

ON APPLICATION FOR SUPERVISORY WRITS

PER CURIAM
This application for supervisory writs is a companion to the appeal in Forum for Equality PAC v. The Honorable W. Fox McKeithen, 04-CA-2477 c/w 04-CA-2523 and involves certain issues which were pretermitted by the district court. Because of the importance of this case to the citizens of this state, we have elected to exercise our supervisory jurisdiction to consider these issues.

FACTS AND PROCEDURAL HISTORY The underlying facts of this case are set forth in detail in our opinion in Forum for Equality PAC v. The Honorable W. Fox McKeithen, 04-CA-2477 c/w 04-CA2523, rendered this day. Essentially, plaintiffs filed a constitutional challenge to 2004 La. Acts 926 (hereinafter referred to as "Act 926"), which proposed a constitutional amendment entitled "Defense of Marriage" and which was approved by the voters at the September 18, 2004 election. Plaintiffs challenged the amendment and election on six separate grounds: (1) fatal irregularities occurred in the Orleans Parish

election; (2) the Louisiana Election Code is unconstitutional and fatally defective under La. Const. Art. XI,

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Louisiana Law