Same Sex Marriage Ban and Laws: Federal Judge Strikes Down Kentucky's Ban on Gay Marriage
Although a federal judge in Kentucky struck down the state's ban on same-sex marriage on Tuesday, the ruling was temporarily put on hold pending appeals, which means it's still unclear when same-sex couples will be issued marriage licenses.
U.S. District Judge John G. Heyburn in Louisville concluded that the state's prohibition on gay marriage violates the Equal Protection Clause of the U.S. Constitution by treating same-sex couples differently than straight couples. However, he put the implementation of his ruling on hold because it will be appealed, reports USA Today.
According to Heyburn, "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," reports NBC News.
"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."
In Tuesday's ruling, Judge Heyburn sided with two Louisville gay couples and rejected the state's argument that "traditional" marriages contribute to a stable birth rate and the state's long-term economic stability.
However, Heyburn stayed the ruling until the 6th U.S. Circuit Court of Appeals in Cincinnati hears arguments in gay-marriage cases from Kentucky, Ohio, Michigan and Tennessee on Aug. 6.
Dan Canon, an attorney representing the plaintiffs, praised the ruling.
"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, according to ABC News.
Kentucky's Republicn Gov. Steve Beshear promised that the state will appeal the decision.
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