“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.”
Federal Judge Heyburn hit the nail on the head with his decision striking down Kentucky’s anti-marriage law.“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 … The Court finds no rational relation between the exclusion of same-sex couples from marriage and the Commonwealth’s asserted interest in promoting naturally procreative marriages.”
Sadly, the Governor of Kentucky has vowed to appeal the decision. It’s sad because he’s a Democrat. Kentucky’s Democratic Attorney General refused to defend the law in court (because, as any lawyer who understands the law will tell you, it is legally indefensible), like our own AG here in Pennsylvania.
However, given that the anti-marriage folks have won exactly zero appeals makes me pretty optimistic that this appeal will also be a failure.