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M. Lauren Brettner, left, and her wife, Jacqueline Brettner, smile while talking to reporters about a federal lawsuit filed Wednesday, Feb. 12, 2014, in New Orleans to challenge the Louisiana Constitution’s ban on recognizing same-sex marriages performed in states where they are legal. They are one of four couples who joined the Forum for Equality Louisiana in a suit against the state registrar and state revenue secretary. All four couples were married in states where such marriages are legal.They are among four couples, all married states where same-sex marriage is legal, who joined the Forum for Equality Louisiana in a suit against the state registrar and state revenue secretary. (AP Photo/Janet McConnaughey)
Gay-marriage backers win in Kentucky
First Published Feb 12 2014 07:02 pm • Last Updated Feb 12 2014 07:02 pm

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 had approved in 2004, saying it treated gays and lesbians "in a way that demeans them."

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"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 now 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 marriage-like 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 Freedom to Marry president Evan Wolfson.

"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 the question of whether the state can be required to issue marriage licenses to same-sex couples; that issue wasn’t brought up in the lawsuits.


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One of the plaintiffs, 55-year-old Gregory Bourke of Louisville, said the only surprise was the speed with which the ruling came down. The lawsuit was filed in July 2013.

"The word was it could happen any time, and I wasn’t prepared for it," Bourke said. "It’s what we hoped for."

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."

Among the developments elsewhere:

—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.

"These questions are political questions, not constitutional rights," Murphy told the court. "Same-sex marriage is not included in the fundamental right of marriage ... it is a more recent innovation than Facebook."

Garcia was considering a request by two couples for a temporary ruling that would immediately lift the Texas gay-marriage ban pending a trial later. Garcia did not immediately rule or indicate when he might release a written decision but predicted the case, or a similar one in another state, will reach the Supreme Court.

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