NEW ORLEANS (AP) – A judge Friday temporarily blocked a vote next month on a constitutional ban on same-sex marriages in Louisiana.

Judge Christopher Bruno ruled that Sept. 18 is not a statewide election date as the Constitution requires. But he suspended his order to let the state appeal, and set an Aug. 20 trial on making his order permanent.

Louisiana already has a law stating marriage can only be between a man and a woman. The Legislature passed a proposed constitutional amendment banning same-sex marriages to protect that state law in the Constitution. The amendment requires a vote.

Amendment opponents sued to block the vote, arguing the amendment would violate the state Constitution, which guarantees the rights to enter into contracts and own property.

Bruno ruled the Constitution requires the amendment vote come as part of a statewide election – and that this year’s only statewide election will be Nov. 2.

Assistant State Attorney Roy Mongrue said he would appeal immediately to the state Supreme Court.

Under the state election code, Mongrue argues, Louisiana’s September primary and November runoff are defined as statewide elections.

John Rawls, an attorney for amendment opponents, hailed Friday’s order. “This is a great day for the Louisiana state Constitution,” he said.

“All Louisianians fall into one minority or another,” Rawls said. “The Constitution is there to protect minorities from the majority.”

During Friday’s hearing, Mongrue argued that people change their minds – and have a right to change their Constitution. “People cannot pass an unrepealable Constitution,” he said.

Rawls, representing a group called The Forum for Equality and three individuals who sued to block the amendment, said the proposal is clearly unconstitutional.

“If an amendment is clearly unconstitutional, every taxpayer and every voter has the right to prevent money from being spent to mess up the ballot,” he said.

Louisiana – where there are now three nearly identical lawsuits on the gay marriage issue – is among at least 11 states where voters decide this fall whether their constitutions should forbid gay marriage. Petition signatures are being counted in two more states to determine if the issue will be on those ballots.

“Our goal obviously is to get the Supreme Court to rule one way or the other,” Mongrue said. “We hope one of these will be a vehicle for them to do this.”

AP-ES-08-13-04 2045EDT