Portion of KY ban on marriage equality ruled unconstitutional

[E.J.]

As in other cases that have rejected the amicus’s arguments, no one in this case has offered factual or rational reasons why Kentucky’s laws are rationally related to any of these purposes. Kentucky does not require proof of procreative ability to have an out-of-state marriage recognized. The exclusion of same-sex couples on procreation grounds makes just as little sense as excluding post-menopausal couples or infertile couples on procreation grounds. After all, Kentucky allows gay and lesbian individuals to adopt children. And no one has offered evidence that same-sex couples would be any less capable of raising children or any less faithful in their marriage vows. Compare this with Plaintiffs, who have not argued against the many merits of “traditional marriage.” They argue only that they should be allowed to enjoy them also.

Other than those discussed above, the Court cannot conceive of any reasons for enacting the laws challenged here. Even if one were to conclude that Kentucky’s laws do not show animus, they cannot withstand traditional rational basis review.

Many Kentuckians believe in “traditional marriage.” Many believe what their ministers and scriptures tell them: that a marriage is a sacrament instituted between God and a man and a woman for society’s benefit. They may be confused—even angry—when a decision such as this one seems to call into question that view. These concerns are understandable and deserve an answer.

Our religious beliefs and societal traditions are vital to the fabric of society. Though each faith, minister, and individual can define marriage for themselves, at issue here are laws that act outside that protected sphere. Once the government defines marriage and attaches benefits to that definition, it must do so constitutionally. It cannot impose a traditional or faith-based limitation upon a public right without a sufficient justification for it.

The beauty of our Constitution is that it accommodates our individual faith’s definition of marriage while preventing the government from unlawfully treating us differently. This is hardly surprising since it was written by people who came to America to find both freedom of religion and freedom from it.

Judge John G. Heyburn II ruled today that Kentucky’s ban on recognizing same-sex marriages from other states violates the U.S. Constitution’s Equal Protection clause.

U.S. District Judge John G. Heyburn II was appointed in 1992 by George H.W. Bush.

http://www.boxturtlebulletin.com/2014/02/12/62378#comments

full decision here:

http://www.scribd.com/doc/206725994/3-13-cv-00750-47

sorry about the double post....the power went out while I was editing. I guess stranger things have happened.

[Cole Parker]

How about that! The times, they are a changin'.

C

[Graeme]

The double post has been removed

Another review of the decision at ScotusBlog: http://www.scotusblog.com/2014/02/kentucky-ruling-on-same-sex-marriages/

[The Pecman]

I have yet to hear a single reason as to how gay marriage makes straight marriage anything less.

One argument used by the fundamentalist-idiots is, "well, that's a slippery slope. Today, ya got two men marryin' each other... next thing ya know, it'll be a man and a dog!"

The error in this is assuming because one law is changed, it's inevitably going to result in a massive erosions of standards and common sense. I can recall in certain states when the drinking age was lowered from 21 to 18, some spoke up and said, "this is terrible! The next thing you know, they'll drop it to 15, or even 14! And I don't want my 13-year-old son allowed to drink!"

An argument like that makes absolutely no sense. We're just talking two human beings... it's not that hard to understand. I don't give a fuck if they're straight, gay, shemales, young, old, or anything else. Two human beings of legal age who wanna marry... good for them. It's very simple.

[colinian]

This is a wonderful ruling for Kentucky that also has the potential to have nationwide repercussions.

Colin

[Cole Parker]

The judge's arguments were very sound.

C