In a first of its kind ruling, a federal judge actually upheld a state's same-sex marriage ban on Wednesday in Louisiana.
"Louisiana's laws and constitution are directly related to achieving marriages historically preeminent purpose of linking children to their biological parents," U.S. District Court Judge Martin Feldman said in his opinion, ABC News reports.
Feldman also cited the 2013 Supreme Court case United v. Windsor, which struck down federal law that said marriage was between a man and woman, where one opinion from a justice suggested state power might overrule marriage equality.
According to The Atlantic, Feldman is possibly quietly appealing to Supreme Court Justice Anthony Kennedy, who could be the deciding vote should the country's highest court tackle gay marriage bans.
At the same time, the federal judge noted that all the other federal courts who have struck down gay marriage were doing so out of "a pageant of empathy; decisions impelled by a response of innate pathos."
Unsurprisingly those against the ban decried the ruling, where Feldman also went down the awkward route of questioning whether allowing gay marriage would cause the country to go down the path of "recogniz[ing] a marriage between an aunt and niece? Aunt and nephew? Brother/brother?"
While those against gay marriage applauded their first actual victory in federal courts.
The ruling will of course be appealed and will go to the 5th Circuit Court of Appeals, who will then have a chance to either follow in the footsteps of all other appellate courts or back up Feldman.
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