RONALD GAUTHREAUX v. THE CITY OF GRETNA BELINDA CONSTANT SOLELY IN HER CAPACITY AS MAYOR FOR THE CITY OF GRETNA LANCE LAINE AND LL HANDYMAN DUTIES (2023)

Due to the posture of this case, I concur in this writ denial.¹ I write separately to note this Court will soon be asked to answer many relevant, difficult state statutory and constitutional questions.

The Louisiana Constitution often provides greater rights protections than the federal constitution, with its rights provisions being self-executing. See Derek Warden, Disability Rights and the Louisiana Constitution, 48 HASTINGS CONST. L.Q. 578-579, 601 (2021). Article I §§ 3 and 12, prohibit, among other things, sex discrimination by public and private entities. See generally Albright v. S. Trace Country Club Of Shreveport, Inc., 03-3413 (La. 7/6/04), 879 So. 2d 121. This Court has already incorporated much of federal anti-discrimination law into these provisions. Id. The texts and relevant convention records on these provisions also show the framers’ intent to meet and often exceed relevant federal law. See e.g., Warden at 586, n. 45, Records of the 1973 Louisiana Constitutional Convention at 1015-1030, 1077-1097, 1244-1256. However, because the applicant has not sought relief under the constitution, denial is warranted.

FOOTNOTES

1.   Like the Louisiana legislature, the federal Congress consistently rejected bills to add protections for sexual orientation in federal law; but the United States Supreme Court found sexual orientation protected by Title VII. Bostock v Clayton County Ga., 140 S. Ct. 1731, 1737. (2020).

GRIFFIN J., concurs in the denial and assigns reasons.