04/22/2009
Gay Louisiana Couple Files Suit Over Denial of Marriage License
Kristoffer Bonilla, 33, and John Thomas Wray, 18, a gay New Orleans couple, have filed suit because they were denied a marriage license in Louisiana.
Via NOLA.com: "he men filed the lawsuit against several state and local
officials on April 2, the same day they said they were
denied a marriage license. It claims the state's
marriage amendment violates the First Amendment 'by
curtailing the right to marry based upon a religious
interpretation of the nature and purpose of marriage itself...By failing to articulate a legitimate, compelling and
secular interest for the restriction on marriage, the state
has necessarily established a wholly religious civil
institution,' it says. Bonilla, who said he graduated from a New Orleans law school
but isn't a practicing attorney, drafted the lawsuit
before they applied for the license."
The case is the first of its kind in Louisiana.
(image via facebook)
Posted 10:35 AM EST by Andy Towle in Gay Marriage, Louisiana, News |
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33 and 18. I have no issue with the age difference, I just wish these two would give their relationship a little more time before they took this to court.
Posted by: Michael | Apr 22, 2009 10:43:23 AM
At some point they will go after him for trying to "marry" a child.
And double what Michael said above.
Posted by: shane | Apr 22, 2009 10:47:51 AM
Hmmm, I think the bigger concern here is what is a 33 year doing trying to marry an 18 year old...gay or not. The right-wingers will be all over this!
Posted by: Darren | Apr 22, 2009 10:55:13 AM
"By failing to articulate a legitimate, compelling and secular interest for the restriction on marriage, the state has necessarily established a wholly religious civil institution..."
That makes perfect sense to me! I've been wondering how long till someone took this approach!
Posted by: MikeinSanJose | Apr 22, 2009 10:55:53 AM
pedophilia. How old was the 18 year old when they started dating? Can't the 33 year old find someone his own age?
Posted by: doro | Apr 22, 2009 10:56:26 AM
I don't care about age difference or anything, but any 18-year-old trying to get married is retarded. It's not 30 AD, after all.
Posted by: Ugh | Apr 22, 2009 10:59:49 AM
I hate to admit it, but I also thought twice about him putting up a suit with an 18 year old. I have no issue with age, but I do take issue when age may be an issue in public political cases that are for our cause. It sucks we have to think like that now, but that's the way it is until things improve.
Posted by: CJ | Apr 22, 2009 11:00:34 AM
The successful litigation so far has centered on couples who have been carefully selected as sympathetic, stable, and long-term. Everyone has a right to pursue their own equality, but there should be a concordant examination of likely outcomes and how it might affect the overall movement
Posted by: Brian | Apr 22, 2009 11:09:40 AM
I understand how the age difference could be used against them, but how many straight 18 year olds get married every day without any one questioning it?
Posted by: MT | Apr 22, 2009 11:10:29 AM
Confused. That kid's Myspace page says he's dating someone named Matthew G. And the photo could be on a pamphlet for NAMBLA.
http://www.myspace.com/johnny_to_hottie
Posted by: crispy | Apr 22, 2009 11:19:16 AM
I agree with the general consensus here. Great intentions, but obviously (hopefully) they haven't been together for over a year, so they probably don't make the best public illustration for our cause. Of course we all hope they're very happy and live together forever and ever amen, but aren't there any camera-ready middle-aged LTR queers in Louisiana we could find?
Posted by: JeffRob | Apr 22, 2009 11:19:54 AM
I have to wonder if anyone would care beyond lifting an eyebrow if it was an 18 year old girl and a 33 year old man. For example, television stars Milo Ventimiglia, in his 30's, and Hayden Paneterrie (sorry, I really don't know her name), was only 18 when they started dating after meeting while working on Heroes. Fallout? No, hardly a mention on ET. Yet, a 33 year old man and an 18 year old legal adult raises questions of pedophilia. Bit of a double standard, isn't it? And, YES, I too am guilty when I first saw the item but on reflection I have to ask, why not?
Posted by: JerzeeMike | Apr 22, 2009 11:32:00 AM
I love how so many of the jealous middle-aged queens are so uptight thay you'd make a big deal out of the age difference.What I wanna know is
WHAT BUSINESS IS THAT OF YOURS?
Of course there will be ignorant ones here to rationalize their opinion on that,but no matter how you look at it,it aint your business.We are talking abou marriage equality and you hyporcrites are judging a couple due to their age difference.Yeah that makes alot of sense.Until we can respect and accept each other,we aint gonna get to far in this world.
Posted by: Sean | Apr 22, 2009 11:32:49 AM
i can see he has learnt from the straights couple like douglas and co. LOL. joking
Posted by: johnosahon | Apr 22, 2009 11:34:05 AM
More important than their suitability as poster-children, what about the courts there? Is it really possible they could win, or is this going to be a precedent for a bad decision? Did anyone consult??
Posted by: KevinVT | Apr 22, 2009 11:34:11 AM
P.S.
In case some of you forgot,18 is legal adult citizen in this country.Aint no pedophilia in this case.
Posted by: Sean | Apr 22, 2009 11:35:08 AM
Good point about the 18 year-old being 17 when they started dating, but what is the age of consent in Louisiana?
And for those of you who think, like I did initially--there is less of an age difference between these two than there was between Sam Adams and Beau Breedlove. Adams didn't want to marry Breedlove, but still...
Posted by: troschne | Apr 22, 2009 11:36:25 AM
JerzeeMike, your comparison is weak, weak, weak. Milo Ventimiglia and Hayden Panettiere were dating, not getting married.
And for the record, they broke up. Just like this couple will.
Posted by: crispy | Apr 22, 2009 11:43:04 AM
".... but what is the age of consent in Louisiana? "
Probably 16 for girls... probably was 14 when Jerry Lee Lewis married his 13 year old first cousin. What country do you all come from? Canada?
The age of consent in many states was raised during the 1950s and 60s to 16 and 17 years of age.
Posted by: Derrick from Phiily | Apr 22, 2009 11:54:04 AM
This is stupid, and hopefully someone will convince them to quietly drop the suit. The absolute worst-case scenario right now for gay marriage litigation is a case brought (1) in a state where there's a snowball's chance in hell of winning, and (2) based on federal claims, so that the US Supreme Court would have jurisdiction to hear the case. I appreciate their enthusiasm, but I assure you Lambda, GLAD, NCLR, and everybody else is on the phone with these guys saying, What the FUCK are you doing? Hopefully some sense can be talked into them.
Posted by: Glenn | Apr 22, 2009 11:56:43 AM
JerzeeMike
actually I do question EVERYBODY with such a big age difference incluing the hero actors. i still side-eye micheal douglas, but at the end of the day its their life and they are ALL of legal age.
we all know that this couple would be judged much more harshly because they are gay. the same thing happens to every minority group going through firsts, they all have to bring the PERFECT person to pass the test, HELLO OBAMA.
Posted by: johnosahon | Apr 22, 2009 11:59:44 AM
And, not to mention, that First Amendment argument is rubbish and wouldn't win even in Massachusetts.
Posted by: Glenn | Apr 22, 2009 12:11:52 PM
Hurm. I wish them well. Really, I do. I hope they have a long and happy life together and don't break up any time in the near future.
Having said that...I don't think they are the right couple to be the LEAD couple in the case. I think they most certainly should be plaintiffs, Lord knows this will result in a HUGE intrusion into their life together and if they have the strength of character to make that stand, then they damn well deserve to be in this suit. But people are correct; this suit would look a lot better buffered by a few more couples who have been together for a significant period of time. Especially when going federally and challenging a state constitutional amendment. We need the Federal Courts to look PAST the couple as individuals and see them as a loving couple in it for the long haul. and these guys aren't necessarily going to be all that sympathetic when the appellate briefs have to be written and it starts as "X and Y are a gay couple ages 33 and 18 who have been in a relationship for just over a year".
Also, kudos on the legal theory. Not sure it will work, but it's ripped right out of the Iowa brief. Interesting strategy.
Posted by: DR | Apr 22, 2009 12:15:10 PM
This is a poor choice for a test case.
Posted by: Jeff NYC | Apr 22, 2009 12:15:19 PM
the more important question is: isn't there an amendment on the books in louisiana? i don't think the judges can toss out an actual amendment when it's clear it was duly done...
Posted by: daftpunkydavid | Apr 22, 2009 12:17:04 PM