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The Sun Shines Bright On My Old Kentucky Home!
July 1, 2014 10:00 AM   Subscribe

Gays have right to marry in Kentucky, judge rules

From the Louisville Courier-Journal:

"[Federal Judge John G.] Heyburn upheld the right to marry today, but put his ruling on hold pending a decision by a higher court. Heyburn rejected the only justification offered by lawyers for Kentucky Gov. Steve Beshear — that traditional marriages contribute to a stable birth rate and the state's long-term economic stability.

"These arguments are not those of serious people," he said.


One step closer, people!
posted by magstheaxe (40 comments total) 24 users marked this as a favorite

 
I agree with the link, this judge totally rules.
posted by Strange Interlude at 10:02 AM on July 1 [24 favorites]


I forgot! Read the complete ruling in the case here!


(trying not to dance in celebration at work)

And so close to Independence Day, a day where we celebrate our freedoms!

(fighting really hard not to boogie down at work)

YIPPEE!
posted by magstheaxe at 10:02 AM on July 1 [1 favorite]


"In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted"

He said it exactly right.
posted by qi at 10:03 AM on July 1 [28 favorites]


Which is more appropriate to serve at the celebrations, Juleps or just neat?
posted by The 10th Regiment of Foot at 10:07 AM on July 1 [1 favorite]


"In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted"

One would think so. It's nice to know some judges get this.
posted by bleep at 10:07 AM on July 1 [2 favorites]


KNOB CREEK FOR ALL
posted by The Whelk at 10:08 AM on July 1 [20 favorites]


It's comforting that it seems like every other week or so, another post rolls around on the blue like this.

After this week's news in general, this news is quite welcome.
posted by furnace.heart at 10:09 AM on July 1 [4 favorites]




"These arguments are not those of serious people"

I really like this.
posted by Mrs. Pterodactyl at 10:13 AM on July 1 [16 favorites]


Heyburn is an incredible man, and I have felt so very lucky to have him in KY - He's been a strong voice of rationality, and he largely goes unseen. I've heard some other choice quotes from him on smaller issues, and they are always wonderful.

I will say that this wouldn't have happened without Louisville, and I'm very proud of my hometown today.

I was really cynical that this day would come any time soon. This is such a bizarre state when it comes to politics -- There's enough cognitive dissonance on any given day to make your head explode. Especially having both Paul and McConnell as our senators, I really expect the worst, all the time.

But this ruling is refreshing - Between this, and the establishment of the healthcare exchange that actually works (and worked wonders for me, easing my road into self-employment), we've had some strong wins. Let's hope we can keep chipping away where we can.
posted by MysticMCJ at 10:13 AM on July 1 [10 favorites]


My state has done something wonderful. Now some of my best friends can get married. Party in Louisville tonight.
posted by deezil at 10:16 AM on July 1 [2 favorites]


Hooray! We have something to celebrate this 4th!

The fact that this news came from Kentucky just made it sweeter. Can't say I saw that coming, but since it did, let's keep that ball rolling!
posted by kinnakeet at 10:17 AM on July 1


"These arguments are not those of serious people," he said.

I suspect Beshear wanted this result. When he announced he was going to defend the ban in court, a lot of Kentuckians, myself included, hoped he did so knowing that it would be struck down. (Beshear is a Democrat, and so presumably friendly to the idea of gay marriage; plus he was ineligible for another term as governor, so he didn't have the usual craven motive of pandering to potential voters.) Some thought that interpretation was naive, but given how ludicrous the government's case was, I don't know... At the time, Beshear claimed his motivation for defending the ban was to make the law of the land uniform and unambiguous, so maybe the worst he was hoping for was some kind of circuit split, which would kick the case up to a higher court, which would probably have ruled in favor of gay marriage, given the momentum of marriage equality. You don't need a weather man, etc, and politicians sometimes act deviously. Anyway, justice was served today.
posted by Zerowensboring at 10:20 AM on July 1 [7 favorites]




I suspect Beshear wanted this result. When he announced he was going to defend the ban in court, a lot of Kentuckians, myself included, hoped he did so knowing that it would be struck down. (Beshear is a Democrat, and so presumably friendly to the idea of gay marriage; plus he was ineligible for another term as governor, so he didn't have the usual craven motive of pandering to potential voters.) Some thought that interpretation was naive, but given how ludicrous the government's case was, I don't know... At the time, Beshear claimed his motivation for defending the ban was to make the law of the land uniform and unambiguous, so maybe the worst he was hoping for was some kind of circuit split, which would kick the case up to a higher court, which would probably have ruled in favor of gay marriage, given the momentum of marriage equality.

posted by Zerowensboring at 1:20 PM


Agreeing with all of this. Beshear's actually a fairly canny politician, and I think he saw this as a way to do an end-run around things while being able to claim "Hey, I tried to stop this thing."
posted by magstheaxe at 10:24 AM on July 1 [2 favorites]


IN CELEBRATION HERE IS DOLLY PARTON PLAYING YAKITY SAX

Just to note that Dolly, while awesome and wonderful and one of those people where if I found out she was just plain mean it would actually hurt me, is from Tennessee.
posted by ROU_Xenophobe at 10:35 AM on July 1 [4 favorites]


Next you're going to tell us that bourbon is just a kind of corn liquor and doesn't imply place of origin or something.
posted by The 10th Regiment of Foot at 10:42 AM on July 1 [3 favorites]


"These arguments are not those of serious people,"

I'm going to file that away as a response to anyone arguing for continued same sex marraige bans.

and climate change deniers

and anti-vaxxers

and Antonin Scalia
posted by mcstayinskool at 10:58 AM on July 1 [10 favorites]


"In America, even sincere and long-hold religious beliefs do not trump the constitutional rights of those who happen to have been out-voted,"

Perhaps we could get this guy on the Supreme Court??
posted by Naberius at 11:05 AM on July 1 [16 favorites]


!
posted by Going To Maine at 11:07 AM on July 1


I am the happiest little Kentucky ex-pat right now. Thank you for giving me something other than just damn fine bourbon to be proud of.
posted by none of these will bring disaster at 11:07 AM on July 1 [2 favorites]


\o/
posted by Sophie1 at 11:21 AM on July 1


Meanwhile, back in Washington:

Associated Press: SUPREME COURT CLEARS BAN ON GAY CONVERSION THERAPY

The U.S. Supreme Court cleared the way Monday for enforcement of a first-of-its-kind California law that bars psychological counseling aimed at turning gay minors straight.

The justices turned aside a legal challenge brought by supporters of so-called conversion or reparative therapy. Without comment, they let stand an August 2013 appeals court ruling that said the ban covered professional activities that are within the state's authority to regulate and doesn't violate the free speech rights of licensed counselors and patients seeking treatment.

The 9th U.S. Circuit Court of Appeals ruled last year that California lawmakers properly showed that therapies designed to change sexual orientation for those under the age of 18 were outside the scientific mainstream and have been disavowed by most major medical groups as unproven and potentially dangerous....


So he decision is only binding in the Ninth Circuit, right? And I guess that theoretically other circuits (such as the Third Circuit, what with New Jersey also recently banning this practice), could decide that similar laws are unconstitutional because the Ninth Circuit's decision is only persuasive authority (not binding, as such) and the Supreme Court has not actually ruled on the matter, right? The Supreme Court would then likely have to hear a similar case to resolve the circuit split?

Or have I badly misunderstood the article? I'm trying to remember 9th grade Civics but I'm so happy over today's ruling my brain's addled.

Maybe this belongs in another FPP? Sorry, mods, if I'm wrong.
posted by magstheaxe at 11:24 AM on July 1 [2 favorites]


Thats a good commnet, but I feel an FPP of that would be wonderful. Just my 2c
posted by Twain Device at 11:29 AM on July 1 [1 favorite]


I want the question of gay marriage to get to the Supreme Court and be resolved once and for all, but, lately, the Supreme Court has me a little afraid of what might happen when that occurs.
posted by maxsparber at 11:31 AM on July 1


KNOB CREEK FOR ALL

Too phallocentric. How about:

KNOB CREEK FOR SOME... FOUR ROSES FOR OTHERS!
posted by Atom Eyes at 11:40 AM on July 1 [11 favorites]


Congrats, Kentucky. And mags, your joy is palpable and infectious.
posted by benito.strauss at 11:40 AM on July 1


The Supreme Court today ruled that whie Gay Marriage is now legal, Gay Divorce is not, and accusations of adultery or witchcraft will be met with a swift stoning in the nearest town square.
posted by The Whelk at 11:41 AM on July 1 [1 favorite]


It just occurred to me that I totally missed the opportunity to use the line "'T is summer, the people are gay" from "My Old Kentucky Home" in the FPP.

Ah, well! Still happy! Still celebrating!


The sun shines bright on my old Kentucky home

'T is summer, the people are gay

The gays can marry in a meadow filled with blooms

And no one can take that right away

Weep no more my lady

And cheer for love today

Gays are fab-u-lous in their old Kentucky home

And equality has won the daaaaaaaaaaay!









I may or may not be drunk on excitement and caffeine right now...I should go get lunch.
posted by magstheaxe at 11:49 AM on July 1 [3 favorites]


And in other news Lee Greenwood* is looking great - God Bless America!

*On my second viewing I saw an ad for Norm Macdonald, so happy Canada Day as well!
posted by jeffen at 11:52 AM on July 1


Sadly, no Scalia mention in this one. Congratulations to Kentucky, anyhow. \o/
posted by roomthreeseventeen at 11:52 AM on July 1


Perhaps now Mitch McConnell will feel free to ask Lindsey Graham to dance at the next cotillion
posted by Ber at 11:55 AM on July 1 [3 favorites]


Cautious excitement... I'll be fully excited once the marriages can actually happen.
posted by Joey Michaels at 12:46 PM on July 1


Ahem...

\o/

Carry on.
posted by PROD_TPSL at 12:51 PM on July 1


My Elvis based marriage, and my wife's 2nd marriage mean so much less now.

Thanks ObamaScalia!
posted by DigDoug at 1:18 PM on July 1 [1 favorite]


The U.S. 7th Circuit Court of Appeals has ordered Indiana to recognize the same-sex marriage of one Hoosier couple: Amy Sandler and Niki Quasney, who is terminally ill. They are among the couples who had filed lawsuits earlier this year challenging Indiana state law than bans same-sex marriage and the recognition of gay marriages conducted legally in other states.

"Carl Tobias, a University of Richmond School of Law professor who has been tracking same-sex marriage legal cases across the country, said this is the first case he is aware of in which a federal appeals court has ordered a state to recognize the marriage of a gay couple while an appeal is pending.

The couple had argued that lack of recognition for their marriage would endanger Sandler's ability to collect Social Security and other death benefits. Quasney was diagnosed with ovarian cancer five years ago and has since gone through chemotherapy. The couple's two daughters, ages 1 and 3, are Sandler's biological children."
posted by qi at 4:10 PM on July 1 [5 favorites]


More good news to help counterbalance the frustrating Supreme Court decisions. This made my day better.
posted by Dip Flash at 5:24 PM on July 1


The couple had argued that lack of recognition for their marriage would endanger Sandler's ability to collect Social Security and other death benefits.

I'm pleased that the court recognized the need for timely protection in Sandler and Quasney's case (and delighted that Kentucky and Indiana had their marriage bans consecutively rejected), but isn't this ruling also an implicit recognition that the equal protection argument is absolutely correct?
posted by Gelatin at 3:15 AM on July 2 [1 favorite]


Yeah. But since this was a compassion ruling it probably doesn't set any precedents.

A comment from Indiana attorney general Greg Zoeller before yesterday's Court of Appeals decision: "The state has extensively researched this matter and sincerely wishes it found a provision within our state's statutes that would allow for some extraordinary relief or humanitarian exception to the rule of law that would grant what petitioners request," Zoeller said. "If this court can find an exception that would apply, this circumstance surely warrants its use."

Zoeller's been taking a lot of flak for defending the ban. Rightfully so. Guess he has a heart after all.
posted by qi at 5:34 AM on July 2


"These arguments are not those of serious people" pretty much sums up the whole opposition to gay marriage. Very nice sound byte, Judge John G. Heyburn II. <golf clap>
posted by jeffburdges at 7:19 AM on July 2


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