Louisiana Court Debates Executive Order Concerning LGBTQ Rights

Louisiana’s governor and attorney general are currently debating whether an executive order designed to protect LGBTQ rights violated constitutional issues.

Louisiana’s governor and attorney general are currently debating whether an executive order designed to protect LGBTQ rights in the state government violated constitutional issues. Louisiana’s Governor Edwards has requested an appeals court to reinstate a 2016 order by the governor banning discrimination in government and state contracts based on sexual orientation and gender identity. A district court judge proceeded to block enforcement of this order in response to a lawsuit from the attorney general. While a three-judge panel on behalf of the state of Louisiana has heard the case, the judges have not immediately released a decision.

The Opposing Arguments Raised in This Case

Governor Edwards has argued that the District Court mistakenly ruled that the order violated Louisiana’s constitutional separation of powers. Attorney General Landry argues that the Governor’s order was an overreach and unconstitutionally attempted to create state law without the involvement of Louisiana’s legislatures. Additionally, Landry argues that governor Edwards is trying to enact hiring and contracting requirements for other elected officials in the state. In response, Governor Edwards has argued that executive orders are not law but are internal policy to the executive branch about employment and contracting standards.

The Potential Impact of the Court’s Decision

It remains uncertain what penalties a person would face by violating an executive order. A person, however, could not be removed for not adhering to an executive order and could also not be found in breach of agreement. Governor Edwards has declared that the order is consistent with directives issued by previous Louisiana governors including Kathleen Blanco. This order, however, goes further than these issues.  To further LGBTQ rights, Governor Edwards added language to the order protecting against discrimination based on gender identity which would protect transgender individuals. Judge Guy Holdridge of the First Circuit asked the Attorney General and Governor several questions about the potential scope of the executive order and stated that it was not clear to which state agencies the order might apply.

Despite the uncertainty of applying this law, legal counsel conceded that there are likely prohibitions on the order. While the governor runs a great deal of the state government directly, the state of Louisiana also appoints independently from the governor the agriculture commissioner, the attorney general, an insurance commissioner, a secretary of state, and a state treasurer. The governor’s lawyer states that these officials would not be required to enforce the nondiscrimination clause in the course of fulfilling their job. If found valid, however, the executive order would still likely apply to all other independent statewide elected officials.

The Future of LGBTQ Rights

This recent struggle represents one of many conflicts between Governor Edwards and Attorney General Landry since 2016. Interestingly, the attorney general is the only party that has voiced a complaint about the LGBTQ rights that the governor wants to implement. It remains uncertain exactly how this issue will be resolved. There have been many issues involving gay, lesbian, bisexual and transgender rights in recent years. By reading the Universal Life Church’s blog, you can remain updated on these developments.

(image courtesy of Peter Hershey)