Today Judge John Heyburn once again handed down a decision striking at Kentucky’s discriminatory ban on same-sex marriage. While his ruling earlier this year said Kentucky must recognize such valid marriages performed in other states, this ruling says that Kentucky must also allow these marriages to be performed right here in the Bluegrass State. But not just yet… the ruling is stayed until the 6th Circuit Court of Appeals rules on this — Beshear is appealing, of course — and several similar cases of from other states (Michigan, Ohio and Tennessee). The final outcome might be delayed, but there can’t be much doubt that it’s coming.
The full ruling is below:
The entire decision calls out the blatant discrimination of Kentucky’s ban, but its most scathing line is also its most subtle. Regarding Beshear’s ridiculous argument that recognizing same-sex marriages will harm Kentucky’s birth rate — and hence, its economy — because same-sex couples “can’t procreate,” here is Heyburn’s response:
“These arguments are not those of serious people.“
In layman’s terms, “get out of my face with that crazy shit, yo.”
“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 Court finds no rational relation between the exclusion of same-sex couples from marriage and the Commonwealth’s asserted interest in promoting naturally procreative marriages.
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. These arguments fail for the precise reasons that Defendant’s procreation argument fails.
And for all of those folks gnashing their teeth at the thought of LGBT people being treated like actually citizens with the same rights as everyone else…
“…in America even sincere and long-held religious views do not trump the constitutional rights of those who happen to have been out-voted.”
And remember, even sincere and long-held religious views aren’t necessary “serious,” either.