A federal judge ruled Tuesday that Kentucky's ban on same-sex marriage violates gay and lesbian couples' equal-protection rights under the Fourteenth Amendment. U.S. District Court Judge John G. Heyburn II immediately issued a stay — meaning that wedding bells in the Bluegrass State won't be ringing while the state pursues an appeal — but he did take the opportunity to snark about what he termed the state's "bewildering" attempts to uphold the ban.
Democratic Gov. Steve Beshear and his attorneys argued — as others have in similar cases across the country — that given the Supreme Court's refusal to take up a gay-marriage case in 1972 and the fact that same-sex couples cannot procreate "naturally," that Kentucky should be allowed to keep its ban on gay marriage. As in many other cases across the country, the court rejected those arguments.
But this is where Beshear and his lawyers get creative or, as Heyburn put it, "disingenuous." Marriage between heterosexual couples, they argued, contributes "to a stable birth rate which, in turn, ensures the state's long-term economic stability."
Heyburn, to put it mildly, didn't buying that argument:
Even assuming the state has a legitimate interest in promoting procreation, the Court fails to see, and Defendant never explains, how the exclusion of same-sex couples from marriage has any effect whatsoever on procreation among heterosexual spouses. Excluding same-sex couples from marriage does not change the number of heterosexual couples who choose to get married, the number who choose to have children, or the number of children they have.