In a scathing decision against the state, a federal judge appointed by George H.W. Bush and recommended by Mitch McConnell has struck down Kentucky’s ban on same-sex marriage.
Federal United States District Court Judge John G. Heyburn II has just ruled that Kentucky’s ban on same-sex marriage is unconstitutional. He has stayed his ruling, so couples may not marry yet.Â
“In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted,” Judge Heyburn wrote in his ruling. He added scathing and chastising remarks directed to the State of Kentucky’s Governor, whose lawyers argued that the ban was necessary for stability in birth rates and long-term economic health, according to The Courier-Journal. “These arguments are not those of serious people,” Judge Heyburn scolded.
“Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree,” Heyburn added. “Thus, same-sex couples’ right to marry seems to be a uniquely ‘free’ constitutional right. Hopefully, even those opposed to or uncertain about same-sex marriage will see it that way in the future.”
Judge Heyburn earlier this year ruled that Kentucky must recognize out-of-state legal marriages, which the state is fighting.
Heyburn was recommended to the bench by Republican Senate Minority Leader Mitch McConnell, and nominated by President George H.W. Bush (Bush 41). Neither has commented but the former President has made clear he supports same-sex marriage.
In March, Kentucky Attorney General Jack Conway (image, right) announced he would not appeal the court’s ruling requiring the state to recognize out-of-state same-sex marriages, leading Governor Steve Beshear (image, left) to hire outside counsel. Both are Democrats.
Freedom to Marry notes this is the 23rd pro-marriage ruling in a year.
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