Judge rules Kentucky ban on recognizing marriages performed elsewhere unconstitutional

Posted on 12 Feb 2014 at 12:05pm
Bourke

Greg Bourke, left, with his son at a protest last February at Boy Scout headquarters in Irving (David Taffet/Dallas Voice)

Kentucky’s ban on recognizing marriages performed out of state was struck down Wednesday by a federal judge. He ruled it violates the U.S. Constitution’s equal protection clause.

“It is clear that Kentucky’s laws treat gay and lesbian persons differently in a way that demeans them,” U.S. District Judge John Heyborn wrote.

The Family Foundation of Kentucky argued recognizing same-sex marriage would undermine procreation as the fundamental role of marriage. Heyburn wrote that opposite-sex couples are not required to procreate to get married.

He also wrote no evidence was presented that “recognizing same-sex marriage will harm opposite-sex marriage.”

The suit was brought by Greg Bourke and Michael Deleon of Louisville and three other couples. Bourke was a Boy Scout troup leader for his and Deleon’s son. He spoke at a protest rally at Boy Scout headquarters in Irving last February before the ban on gay Scouts was lifted. The ban on gay Scout leaders remains in place.

Bourke and Deleon were married in Canada in 2004.

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