Kentucky Has Now Fallen

[Nam]

http://abcnews.go.com/US/wireStory/judge-strikes-kentuckys-gay-marriage-ban-24382912

LOUISVILLE, Ky. â€" A federal judge in Kentucky struck down the state's ban on gay marriage on Tuesday, though the ruling was temporarily put on hold and it was not immediately clear when same-sex couples could be issued marriage licenses.

U.S. District Judge John G. Heyburn in Louisville concluded that the state's prohibition on same-sex couples being wed violates the Equal Protection Clause of the U.S. Constitution by treating gay couples differently than straight couples.

Heyburn previously struck down Kentucky's ban on recognizing same-sex marriages from other states and countries, but he put the implementation of that ruling on hold. That decision did not deal with whether Kentucky would have to issue marriage licenses to same-sex couples. Instead, Tuesday's ruling dealt directly with that question.

"Sometimes, by upholding equal rights for a few, courts necessarily must require others to forebear some prior conduct or restrain some personal instinct," Heyburn wrote. "Here, that would not seem to be the case. Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree."

Heyburn noted that every federal court to consider a same-sex marriage ban has found it unconstitutional. The U.S. 6th Circuit Court of Appeals has scheduled arguments on rulings from Ohio, Michigan, Kentucky and Tennessee in a single session, on Aug. 6. Although the cases are unique, each deals with whether statewide gay marriage bans violate the Constitution.

Kentucky Gov. Steve Beshear said the state will appeal the decision.

Dan Canon, one of the attorneys for the plaintiffs, said he was excited about the ruling because the day will arrive soon when same-sex couples can get a marriage license in Kentucky, even though the decision was put on hold pending appeals.

"We believe the opinion forcefully lays to rest any notion that Kentucky's anti-marriage laws are based on anything other than discrimination against homosexuals," Canon said.

-Nam

[aileron]

I'm hoping this unavoidable contest in the SCOTUS finally gives Scalia the stroke he's so long deserved.

[AllPurposeAtheist]

More info on Heyburn's ruling...

"These arguments are not those of serious people," wrote US district judge John Heyburn. "Though it seems almost unnecessary to explain, here are the reasons why.

"Even assuming the state has a legitimate interest in promoting procreation, the Court fails to see, and Defendant never explains, how the exclusion of same-sex couples from marriage has any effect whatsoever on procreation among heterosexual spouses. Excluding same-sex couples from marriage does not change the number of heterosexual couples who choose to get married, the number who choose to have children, or the number of children they have.

"The state’s attempts to connect the exclusion of same-sex couples from marriage to its interest in economic stability and in 'ensuring humanity’s continued existence' are at best illogical and even bewildering…The Court can think of no other conceivable legitimate reason for Kentucky’s laws excluding same-sex couples from marriage."

motherJones.com

[aileron]

Ensuring humanity's continued existence, LMFAO!

Drama queens. 

[AllPurposeAtheist]

I've been to Kentucky plenty of times. Trust me. They could use a little extincting there.

[Nam]

I read somewhere that around 48% of babies are born out of wedlock. Those ain't all atheist babies.

-Nam

[AllPurposeAtheist]

I read somewhere that around 48% of babies are born out of wedlock. Those ain't all atheist babies.

-Nam

It ain't when mamma's out cheating with the gay dude either..