Email Share 129 Shares

The attorneys general for Texas and Louisiana are pledging to keep up the fight in favor of state laws banning same-sex marriage in the aftermath of oral arguments before the U.S. Fifth Circuit Court of Appeals on the constitutionality of those measures.

Louisiana Attorney General James “Buddy” Caldwell and Texas Attorney General Greg Abbott, both Republicans, were brief and vague in statements they issued on Friday, but apparently were responding to media reports the three-judge panel considering the lawsuits was poised to overturn marriage bans in their states as well as the ban in Mississippi.

Paxton observed Texas residents voted by a large margin at the ballot to approve a constitutional amendment prohibiting same-sex marriage in his state. In 2005, the measure passed by a margin of 76 percent.

“In 2005, Texans overwhelmingly supported a constitutional amendment defining marriage as the union of one man and one woman,” Abbott said. “I am committed to defending the Texas Constitution, the will of our citizens and this sacred institution.”

Caldwell took note of the extent to which he acted to defend Louisiana’s ban, such as appointment of a special counsel to argue on behalf on the measure in court.

“I was joined at counsel table today by constitutional law experts Kyle Duncan and Mike Johnson, both of whom I retained to assist my office with this important task of defending our constitution, which is the expression of the will of our Louisiana citizens,” Caldwell said.

The attorney general added, “As I’ve said previously, as Louisiana’s attorney general, I will do everything in my power to uphold the will of our citizens and the right of states to manage their own affairs.”

In the event the Fifth Circuit decides to strike down bans on same-sex marriage, state attorneys general have the option of seeking an “en banc” re-hearing before the full court or filing a petition for certiorari before the U.S. Supreme Court.

However, after other panels have ruled against state marriage bans, their respective courts have denied requests for “en banc” re-hearings. Additionally, in October, the Supreme Court denied certiorari for cases in which circuit courts had determined state bans on same-sex marriage were unconstitutional.

No such public statement is found on the website for Mississippi Attorney General Jim Hood. The Washington Blade has placed a call in with his office to ask if he shares the view of his colleagues.

[h/t Towleroad]