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Posted: Tuesday, 01 July 2014 4:00PM

Judge Strikes Kentucky's Ban On Gay Marriage

A federal judge in Kentucky struck down the state's ban on gay marriage on Tuesday, although the ruling is temporarily on hold. U.S. District Judge John G. Heyburn II in Louisville concluded that the state's prohibition on same-sex marriage violates the Equal Protection Clause of the U.S. Constitution by treating gay couples differently than straight couples. Kentucky Governor Steve Beshear said the state will appeal the decision.

Heyburn previously struck down Kentucky's ban on recognizing same-sex marriages from other states and countries, but the implementation of that ruling is also on hold pending appeal. First District Senator Stan Humphries says everyone must now wait for the appeals process to play out.

Third District Senator Whitney Westerfield says it doesnt seem right that one judge can overturn the will of the majority of Kentuckians.

District Five Representative Kenny Imes says he wasn't surprised by the ruling even though he is disappointed.

In Tuesday's ruling, Heyburn noted that every federal court to consider a same-sex marriage ban has found it unconstitutional. The U.S. 6th Circuit Court of Appeals has scheduled arguments on rulings from Ohio, Michigan, Kentucky and Tennessee in a single session, on Aug. 6. Although the cases are unique, each deals with whether statewide gay marriage bans violate the Constitution.

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