Executive Order JBE-16-11 constitutes an unlawful ultra-vires act because, regardless of the defendant's intent, the effect of its adoption and implementation, creates new and/or expands upon existing Louisiana law as opposed to directing the faithful execution of existing laws of this state pursuant to the authority granted unto the office of the Governor to issue executive orders.The New Orleans Times Picayune reports on the decision.
Thursday, December 15, 2016
Court Invalidates Louisiana Executive Order Barring LGBT Discrimination
A Louisiana state trial court yesterday struck down as a violation of separation of powers Louisiana Governor John Bel Edwards Executive Order No. JBE 2016-11 (April 13, 2016) (See prior posting). The executive order bars state agencies and offices from discriminating on the basis of sexual orientation or gender identity, as well as on the basis of race, color, religion, sex, national origin, political affiliation, disability or age. In Louisiana Department of Justice v. Edwards, (LA Dist. Ct., Dec. 14, 2016), a challenge to the Democratic Governor's Executive Order brought by the state's Republican Attorney General was successful, the court stating in part: