Earlier this year Judge John G. Heyburn II ruled that Kentucky must recognize legal out-of-state marriages. Although the state of Kentucky continues to fight this decision, eight federal judges and one federal appeals court have lifted laws banning same-sex marriage since the decision was issued. This week Judge Heyburn ruled that same-sex couples have a right to marry in Kentucky.
In his decision issued yesterday, the Honorable Heyburn wrote, “In America, even sincere and long-held religious beliefs do not trump the constitutional rights of those who happen to have been out-voted.” “Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree.” Judge Heyburn adding,”Thus, same sex couples’ right to marry seems to be a uniquely ‘free’ constitutional right. Hopefully, even those opposed to or uncertain about same sex marriage will see it that way in the future.”
The Plaintiffs in this action are two Kentucky couples. Having lived together 34 years, Timothy Love and Lawrence Ysunza were denied a marriage license by the Jefferson County Clerk’s Office in February of this year. Without the benefits that a legal marriage offers, Love’s emergency heart surgery had to be delayed in order to prepare documents giving Ysunza decision making authority.
After being denied a marriage license, Maurice Blanchard and Dominique James refused to leave the clerk’s office. The two cohabitants of ten years were cited for trespassing and a jury convicted them of of such. Although their fine was a penny, the men have this infraction in their criminal record.
Lawyers for the state of Kentucky have argued that the ban on same-sex marriage is necessary for stability in birth rates and long-term economic health. In response to such arguments, Judge Heyburn stated, “These arguments are not those of serious people.”
If you or someone you know believes their civil rights have been violated, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.