And another unconstitutional ban on marriage equality falls, this time right here in the Bluegrass State.
A federal judge today ruled that same-sex couples have a right to marry in Kentucky.
"In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted," U.S. District Judge John G. Heyburn II wrote to invalidate Kentucky's constitutional amendment banning gay marriage.
Heyburn in February had ruled that Kentucky must recognize gay marriages performed in other states.
Heyburn upheld the right to marry today, but put his ruling on hold pending a decision by a higher court. Heyburn rejected the only justification offered by lawyers for Kentucky Gov. Steve Beshear — that traditional marriages contribute to a stable birth rate and the state's long-term economic stability.
"These arguments are not those of serious people," he said.
Heyburn held that the ban on gay marriage within Kentucky violates the constitutional guarantee of equal protection under the law and that there is "no conceivable legitimate purpose for it."
He held that the state's 2004 constitutional amendment and a similar statute enacted in 1998 deny gay couples lower income and estate taxes; leave from work under the Family and Medical Leave Act, family insurance coverage; and the ability to adopt children as a couple.
"Perhaps most importantly," he added, the Kentucky law denies same-sex couples the "intangible and and emotional benefits of civil marriage."
Heyburn stayed the ruling 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.
Still a perfect record for overturning state same-sex marriage bans since last year's DOMA ruling by the Supreme Court. Folks, if Kentucky has fallen, and we'll see about the 6th Circuit, I'd have to finally start believing that it's going to be up to SCOTUS, maybe this time next year.
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