A reckless ruling by a federal judge in Louisville, Kentucky this week forcing the state to recognize same-sex marriages conducted in other states not only overrides the will of the people in that state but could open the door to polygamous marriages contracted in other countries.
LifeSiteNews.com is reporting on the ruling by U.S. District Judge John G. Heyburn II who ruled that while the state of Kentucky does not have to conduct same-sex marriages, it must grant full benefits to couples who live in the state but were married elsewhere.
The suit was brought by four gay and lesbian couples who were married in Canada, Iowa, Connecticut and California.
In his 23-page decision, Heyburn wrote that state laws, no matter how representative of the electorate, “treat gay and lesbian persons differently in a way that demeans them,” LifeSite reports.
He also stated that while “religious beliefs” may be vital to the fabric of society, “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.”
The decision is drawing swift condemnation from many quarters, especially after 75 percent of the people of that state voted in favor of a marriage protection amendment in 2004.
Family Research Council (FRC) President Tony Perkins released the following statement regarding the decision:
“This ruling is another example of the deep betrayal of a judicial system infected with activist judges who are legislating from the bench,” says Family Research Council president Tony Perkins.
“If these judges want to change duly enacted laws passed by the people and their representatives, they should resign their life-time appointments to the bench and run for the state legislature or Congress. Judge Heyburn is elevating his own ideology over that of three-quarters of Kentucky voters who voted to preserve marriage in their constitution as it has always been defined.”
Other critics say the ruling opens the door to recognition of other types of marriages contracted overseas that could see polygamists being granted the same rights as heterosexual marriages in Kentucky.
“If the decision is upheld, Kentucky will have to recognize as marriages same-sex relationships that were given marriage certificates in other nations, but there is no reason to limit the ruling to same-sex relationships,” Dr. John Eastman, a law professor who sits on the National Organization for Marriage’s board of directors, told LifeSite. “Presumably, Kentucky will also be forced to recognize as ‘marriage’ polygamous and other marriages that were valid in the country in which they were performed.”
If the ruling is allowed to stand, Perkins believes it will create “a level of inequality that has never been seen in our country as people are forced to suppress or violate the basic teachings of their faith” because they are legally bound to recognize this and other alternative forms of “marriage”.
The ruling is expected to be appealed.
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