Louisiana Capitol, Baton Rouge

The ban on same-sex marriage in Louisiana was upheld by a U.S. District judge, according to the Times-Picayune. This is the first time since the U.S. Supreme Court struck down portions of the Defense of Marriage Act that discrimination has been upheld by a court.

Plaintiffs said they would appeal the ruling to the Fifth Circuit Court of Appeals. That court has a Texas marriage case pending as well.

While several cases have been appealed to the U.S. Supreme Court, there is no conflict in rulings so the court is not forced to act. If the Fifth Circuit rules differently than all other appeals courts, the U.S. Supreme Court would be forced to take up a case and make a definitive ruling.

The judge said plaintiffs failed to prove that banning marriage violates due process or equal protection.