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This just out from the Louisville Courier-Journal

A federal judge Wednesday struck down Kentucky’s ban on recognizing valid same-sex marriages performed in other states, saying it violates the U.S. Constitution’s guarantee of equal protection under the law.


Ruling in a suit brought by four gay and lesbian couples, Heyburn said that while “religious beliefs … are vital to the fabric of society … assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons.” Heyburn said “it is clear that Kentucky’s laws treat gay and lesbian persons differently in a way that demeans them.”

Unless events change (and they are likely not to), the logic adopted by Heyburn is sure to spread in other jurisdictions with marriage protection amendments.

Rulings of this nature should force Kentuckians to do their homework about learning what marriage is, why it matters, and the consequences of redefining it. Aside from the obvious harm done to the democratic process by the silencing of Kentucky voters, today's ruling issues a major set-back on the defense of marriage in Kentucky.


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Director, Commonwealth Policy Center