U.S. District Judge John G. Heyburn in Louisville issued a ruling today declaring Kentucky’s laws against gay marriage are unconstitutional based the Equal Protection Clause in the Constitution. The ruling has been put on hold so it’s not clear when gays in Kentucky will be issued licenses to marry.
“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.”
Heyburn also said every federal court has ruled that a ban on gay marriage is unconstitutional. On August 6, 2014 the 6th Circuit Court of Appeals will hear cases on gay marriage in Ohio, Michigan, Kentucky, and Tennessee. Kentucky Gov. Steve Beshear has announced the state will appeal the decision by Judge Heyburn.
Will Virginia be next in abolishing our gay marriage law? Will one Virginia Judge abolish the amendment supported by 77% of Virginians?