FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 26

FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinion handed down on the 28th day of March, 2002 , is as follows:

 

PER CURIAM :

1999-CA- 3357 and 2001-CA- 2106 LOUISIANA ELECTORATE OF GAYS AND LESBIANS, INC. A LOUISIANA AND CORPORATION NOT FOR PROFIT, LAURENCE E. BEST, ESQUIRE, W. LLOYD BOWERS, ESQUIRE, JOHN D. RAWLS, ESQUIRE, THE HON. JOAN L. LADNIER, KEVIN BESSE, R.N., JEANNE M. LEBLANC, ACSW, BCSW, JOHN FOSTER, O.D., RHONDA LECO, JOHNNY L. BAXLEY, AND RICHARD COSGRIFF v.THE STATE OF LOUISIANA, THE HON. RICHARD P. IEYOUB, ATTORNEY GENERAL OF LOUISIANA AND THE HON. HARRY F. CONNICK, DISTRICT ATTORNEY OF ORLEANS PARISH, NOT INDIVIDUALLY BUT RATHER IN THEIR OFFICIAL CAPACITIES AND FURTHERMORE AS REPRESENTATIVES OF A CLASS OF RESPONDENTS, BEING ALL CRIMINAL PROSECUTORS IN AND FOR THE STATE OF LOUISIANA (Parish of Orleans)

For the reasons assigned, the judgments of the district court dated March 17, 1999 and March 23, 2001 are hereby vacated in their entirety insofar as they invalidate any or all of the targeted statutes based upon La. Const. art. I, Section V. Plaintiffs' appeal of the remaining constitutional issues is hereby transferred to the Court of Appeal, Fourth Circuit, for consideration under its appellate jurisdiction.

CALOGERO, C.J., concurs in part, dissent in part and assigns reasons.

KNOLL, J., recused.