Federal District Judges have overturned state laws in Kentucky and Texas banning same-sex “marriage.”
In Texas, U.S. District Judge Orlando Garcia filed a preliminary injunction that prohibits the state from enforcing a 2003 law against same-sex unions and a 2005 amendment to the Texas Constitution that defines marriage exclusively as involving one man and one woman. However, he stayed that order pending appeal.
“Without a rational relation to a legitimate governmental purpose, state-imposed inequality can find no refuge in our United States Constitution,” Garcia ruled.
“Equal treatment of all individuals under the law is not merely an aspiration — it is a constitutional mandate,” he wrote. “Consequently, equal protection is at the heart of our legal system and is essential for the existence of a free society.”
Gov. Rick Perry denounced the ruling, saying the state will appeal the court’s decision.
“Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and woman in our constitution, and it is not the role of the federal government to overturn the will of our citizens,” he said.
Meanwhile in Kentucky, U.S. District Judge John G Heyburn ruled that Kentucky's ban on same-sex “marriages,” "treated gay and lesbian persons differently in a way that demeans them." Kentucky’s ban was approved by voters in 2004.
Pastor Jason Pettus of Living Hope Baptist Church in Bowling Green, Ky., strongly opposes the ruling. "We had an election. We had people vote their conscience, and the conscience spoke to a traditional view of marriage, and an individual has chosen to override that. I don't think it's healthy. I don't think it's good," Pettus said.
There are 17 states that currently recognize in state same-sex “marriages.” Kentucky and Oregon recognize out-of-state same-sex “marriages” while Missouri recognizes same-sex “marriages” for tax filing purposes only.
There is currently legislation to legalize same-sex “marriages” or to recognize out-of-state same-sex “marriages” or unions in 10 states. There is currently legislation in Indiana to ban same-sex “marriages.”
A current lawsuit in Alabama seeks to overturn a law that does not recognize same-sex “marriages” from other states. (See Alabama's gay 'marriage' ban under attack).
(ABP, WBKO, TAB)
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