Lexington, KY – A Federal Judge in Louisville has ruled that the state’s ban on same sex marriage is unconstitutional in violation of the nation’s rules on equal protection under the law.
District Court Judge John G. Heyburn II wrote in a ruling stayed pending other cases in front of the federal appeals court, “Those opposed by and large simply believe that the state has the right to adopt a particular religious or traditional view of marriage regardless of how it may affect gay and lesbian persons. But, as this Court has respectfully explained, in America even sincere and long-held religious views do not trump the constitutional rights of those who happen to have been out-voted.”
Heyburn took aim at the position of lawyers hired by the state after Attorney General Jack Conway opted not to defend the Commonwealth of Kentucky following another decision by Heyburn in February. The defense argued that state had a need to promote same-sex marriage as a way to propagate the human race.
“These arguments are not those of serious people,” Heyburn wrote in his ruling handed down Tuesday.
“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,” he wrote.
“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,” Heyburn continued.
The latest case, which joins no less than eight others decided since Heyburn in a stayed ruling in February stated that Kentucky must recognize same-sex marriages performed in other states, stems from two Louisville couples who were denied marriage licenses because they were of the same gender. One, Timothy Love and Lawrence Ysunza, complained that federal protections for spouses were denied to them given the state’s ban.
Last year Love underwent an emergency heart operation that had to be delayed so paperwork could be filled out providing Ysunza similar protections that would be automatically granted a legally married spouse.
“The couple fears that healthcare providers and assisted living facilities may not allow them to be together or care for each other as they age,” Heyburn wrote in a description of the case. “In addition, the couple has had difficulties with professional service providers; they found out after they purchased their home that their real estate attorney disregarded their request to include survivorship rights in the deed.”
Heyburn’s ruling states that Kentucky’s law denies homosexuals benefits granted to non-homosexuals such as: “lower income and estate taxes, leave from work under the Family and Medical Leave Act, family insurance coverage, the ability to adopt children as a couple, the participation in critical legal and medical decisions on behalf of one’s partner, and, perhaps most importantly, the intangible and emotional benefits of civil marriage.
The Louisville Courier-Journal reports the ruling is stayed until the 6th U.S. Circuit Court of Appeals decides gay-marriage cases from Kentucky and three other states. Oral arguments are scheduled for Aug. 6.