Kentucky Marriage Ban Unconstitutional, Ruling Stayed

Patience, good people of Kentucky, it will come.The Courier-Journal reports that the Kentucky bans on same-sex marriage have been struck down, however, the ruling has been stayed pending appeal.  US District Judge John G. Heyburn II has ruled that Kentucky's constitutional and statutory bans on some-sex marriage violate the US Constitution. The judge wrote that

In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.

 The state had produced one of the flimsy justifications given for bans on same-sex marriage, but the judge said that

no rational relation between the exclusion of same-sex couples from marriage and the commonwealth's asserted interest in promoting naturally procreative marriages.

and that

These arguments are not those of serious people.

The real problem with opponents of same-sex marriage is that they don't have any arguments that are worthy of serious people. What are they going to say, "we want to stick it to gay people and watch them suffer"? I have seen arguments made by opponents of same-sex marriage who jump through every hoop they can to avoid seeing their argument reduced to "because we disapprove of gay people." There aren't enough hoops.

After all, the National Organization for Marriage (they're against marriage) reminded people to use the phrase "defend traditional marriage" instead of "ban gay marriage." Banning same-sex marriage doesn't poll well, but oh, if you can do something about the imperiled state of marriage, that would be great.

The arguments made against same-sex marriage have always been dishonest ones. Its easier to lie in an election campaign than it is in a courtroom. As David Boies put it, "a witness stand is a lonely place to lie." Those who supported bans on same-sex marriage can make up all sorts of specious justifications, but they will crumble when exposed to serious questions.

It's too early to ratchet the number up to twenty. I like to wait until all appeals are done and marriages have begun with no worry that they'll be stopped. But soon.

Hang on Kentucky, justice is coming!

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