LOUISVILLE, Ky. – A federal judge ruled Wednesday that Kentucky must recognize same-sex marriages performed in other states, part of an unprecedented barrage of marriage-equality lawsuits in states where voters have overwhelmingly opposed recognition of gay and lesbian couples.
U.S. District Judge John G. Heyburn II struck down part of the gay-marriage ban that Kentuckians approved in 2004, saying it treated gays and lesbians in a way that demeans them.
Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons, wrote Heyburn, an appointee of Republican President George H.W. Bush.
His decision coincided with legal attacks Wednesday on gay-marriage bans in three other socially conservative states – Texas, Louisiana and Missouri – and was issued just a few weeks after federal judges in Utah and Oklahoma struck down the voter-approved bans in those states.
According to the advocacy group Freedom to Marry, there are 45 pending marriage-equality cases in 24 of the 33 states that do not allow same-sex marriage. Seventeen states and the District of Columbia have legalized such unions, while three other states – Colorado, Nevada and Oregon – grant marriagelike rights though civil unions or domestic partnerships.
The stage for the current wave of litigation was set by the U.S. Supreme Court last June, when it ordered the federal government to recognize valid same-sex marriages but stopped short of striking down state laws banning them.
Gay-rights activists hope that one or more of the lawsuits filed since June or planned for the near future will reach the high court and lead to nationwide legalization.
One of the 40-plus ongoing cases, or even some other one, could conceivably reach the Supreme Court as soon as 2015, or within a few years later, so the clock is ticking, said Evan Wolfson, president of Freedom to Marry.
The aim is not just to get to the Supreme Court, but to win when we get there, Wolfson said.
The Kentucky decision came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their out-of-state marriages.
The ruling only requires Kentucky to recognize such marriages. It does not deal with whether the state can be required to issue marriage licenses to same-sex couples; that issue wasn’t brought up in the lawsuits.
The ruling drew the ire of religious leaders who said Heyburn’s decision takes away Kentucky’s right to determine its policies regarding marriage.
Paul Chitwood of the Kentucky Baptist Convention, the state’s largest religious organization with 750,000 members, called the ruling tragic and disappointing.
This decision moves us down the slippery slope toward launching Kentucky into moral chaos and depriving children of their innate need of both a father and a mother, Chitwood said.
Tony Perkins, president of the conservative Family Research Council, assailed Heyburn’s ruling as another example of the deep betrayal of a judicial system infected with activist judges who are legislating from the bench.
In Texas, a lawyer representing the state asked a federal judge to reject pleas from two gay couples to suspend the state constitution’s definition of marriage as between one man and one woman.
Mike Murphy, an assistant solicitor general, told District Judge Orlando Garcia that if he lifted the voter-approved ban on gay marriage, he would be injecting himself into a social and political debate that should be left to lawmakers.
Garcia was considering a request by two couples for a temporary ruling that would immediately lift the Texas gay-marriage ban pending a trial. Garcia did not immediately rule or indicate when he might release a written decision, but he predicted that the case, or a similar one in another state, will reach the Supreme Court.
The case is the first of its kind in Texas and in the conservative 5th U.S. Circuit Court of Appeals.
In Missouri and Louisiana, gay-rights advocates filed lawsuits similar to those in the Kentucky case, seeking to force the states to recognize same-sex marriages performed in places that allow them.
The Missouri lawsuit was filed by the American Civil Liberties Union in a Kansas City state court on behalf of eight same-sex couples who live in Missouri and were married elsewhere.
The Louisiana suit was filed in federal court by a state gay-rights group, the Forum for Equality Louisiana, on behalf of four gay couples. It says state revenue department policy essentially requires married same-sex couples who file joint federal tax returns to falsely claim they are single on state returns – a violation, the Forum says, of free speech.
The lawsuit also challenges the state’s refusal to recognize both members of a same-sex union as parents of a child born to them or adopted.