Second marriage ruling from federal judge in Kentucky expands previous ruling to compel state to issue marriage licenses to same-sex couples
WASHINGTON (July 1, 2014) – Today, U.S. District Judge John G. Heyburn II issued his second marriage equality ruling in recent months, this time striking down Kentucky’s prohibition on the performance of marriages between same-sex couples.
In Love v. Beshear, two same-sex couples in Kentucky sued the state, arguing that Kentucky’s refusal to grant them marriage licenses violates the U.S. Constitution. In his ruling, Judge Heyburn wrote, “Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree. Thus, same-sex couples’ right to marry seems to be a uniquely ‘free’ constitutional right.” The judge stayed his ruling, pending appeal to the Sixth Circuit.
“It seems that not a day goes by where we don’t see clear evidence of America’s untempered momentum toward equality,” said Human Rights Campaign (HRC) Legal Director Sarah Warbelow. “Today’s marriage ruling makes clear that Kentucky should not be denying committed and loving gay and lesbian couples the right to marry. We congratulate the plaintiffs and their attorneys and thank them for making today’s victory possible.”
In February of this year, Judge Heyburn ruled in Bourke v. Beshear that Kentucky’s marriage ban violates the constitutional principle of equal protection and that the commonwealth cannot refuse to recognize valid same-sex marriages conducted in other states. The judge, who was appointed to the bench by President George H. W. Bush, sided with four plaintiff couples who had legally married elsewhere before seeking state recognition in Kentucky. The Bourke case is on appeal to the U.S. Court of Appeals for the Sixth Circuit, and argument has been set for Aug. 6.
There are over 70 court cases challenging discriminatory marriage bans across the country in 30 states and Puerto Rico. So far, six federal appeals courts are presiding over 11 marriage equality cases over the coming weeks and months.Since the U.S. Supreme Court’s marriage rulings last year, no state marriage ban has survived a federal court challenge.