here is the link to how the respective Senators voted:
HB 27 TALKING POINTS:
• Current Louisiana law on domestic violence defines “household member” as any person of the opposite sex presently or formerly living in the same residence with the offender as a spouse, whether married or not. This would therefore include cohabitating opposite-sex couples but would exclude cohabitating same-sex couples.
•Because of this longstanding distinction, current Louisiana law does not adequately protect victims of domestic violence who are in same-sex cohabitating relationships. Under current law, the State is unable to provide such victims the same protections and justice that would be provided to victims of domestic violence in opposite-sex relationships.
•Domestic violence sadly occurs at a high rate in Louisiana and occurs across all segments of society. Domestic violence transcends lines of race, sex, socioeconomic status, and sexual orientation.
•Additionally the United States Supreme Court’s ruling in Obergefell v. Hodges, while not holding that classifications based upon sexual orientation are subject to any level of scrutiny above rational basis and rather ruling based upon marriage being a “fundamental right,” is indicative of a shifting trend in jurisprudence. Moreover, the Supreme Court merely “skirted” that issue and left it for another day, a day which will come eventually. It is probable that the United States Supreme Court will eventually find classifications based upon sexual orientation to be subject to heightened/intermediate scrutiny, and in that event Louisiana domestic violence law will likely fail constitutional muster.
• While adding “dating partner” to Louisiana law on domestic violence is certainly a welcome addition and would give prosecutors a new tool to bring perpetrators to justice and protect victims, this does not change the problematic language in the definition of “household member,” and leaving two separate standards for opposite-sex verses same-sex relationships in domestic violence law in any manner leaves the Fourteenth Amendment equal protection issue unrectified. To avoid a potential constitutional issue, the problematic “of the opposite sex” language must be removed.
•The State has a responsibility to protect all Louisiana residents from abuse regardless of sexual orientation. Everyone has the right to be protected and to receive justice.
•Objections initially raised by the Louisiana Family Forum have been removed with the addition of amendment language added on the House floor 5/2/2017. The reengrossed version of the bill includes the new, Family-Forum-friendly language:
"Household member" means any person of the opposite sex presently or formerly living in the same residence with the offender as a spouse, whether married or not, and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.
Check the vote for a special message to YOUR senator if he or she voted for or against HB 27 already.
Also ask ALL senators to support this important bill and if you can - come to BR for the vote on Tuesday, May 30.
Senators:
alarioj@legis.la.gov; allainb@legis.la.gov; appelc@legis.la.gov; barrowr@legis.la.gov; bishopw@legis.la.gov; boudreauxg@legis.la.gov; cartert@legis.la.gov; chabertn@legis.la.gov; claitord@legis.la.gov; colomby@legis.la.gov; cortezp@legis.la.gov; donahuej@legis.la.gov; erdeyd@legis.la.gov; fanninj@legis.la.gov; gattir@legis.la.gov; hewitts@legis.la.gov; johnsr@legis.la.gov; lafleure@legis.la.gov; lamberte@legis.la.gov, longg@legis.la.gov; luneauj@legis.la.gov; martinyd@legis.la.gov; milkovichj@legis.la.gov; millsf@legis.la.gov; mizellb@legis.la.gov; morrelljp@legis.la.gov; morrishd@legis.la.gov; peacockb@legis.la.gov; perryj@legis.la.gov; petersonk@legis.la.gov; risern@legis.la.gov; smithj@legis.la.gov; smithgl@legis.la.gov; tarverg@legis.la.gov; thompsof@legis.la.gov; walsworthm@legis.la.gov; wardr@legis.la.gov; whitem@legis.la.gov
