Federal Judge Rips Apart the Most Stupid Argument Against Gay Marriage Ever

While the Supreme Court is busy defending the right of bosses to dictate women’s reproductive health choices, this federal district judge is actually busy redressing systemic prejudice

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U.S. district judge John Heyburn did not mince his words, utterly demolishing arguments made in favor of Kentucky’s ban on gay marriage on Tuesday, declaring the law unconstitutional and calling the state’s defense of the ban unworthy of “serious people.”

Kentucky defended its same-sex marriage ban by pointing out that gay people can’t naturally have babies – for real. The state’s conservative lawyers argued a 1967 court case legalizing interracial marriage was different because mixed-race couples are fertile (the logic of which would suggest only fertile mixed race marriages would be lawful?). Kentucky, with a straight face, argued that because marriage benefits cost the state treasury money, but only straight couples’ children offset that cost by growing Kentucky’s workforce and economy, extending those benefits to ‘infertile’ gay couples would be unfair. They didn’t bother to cite any data to support this argument, or explain the legal situation for all childless married couples – should their marriages be dissolved or any marriage-related benefits be withdrawn unless babies are produced?

Heyburn wrote in his decision:

“These arguments are not those of serious people. Though it seems almost unnecessary to explain, here are the reasons why.”

“Even assuming the state has a legitimate interest in promoting procreation, the court fails to see, and defendant never explains, how the exclusion of same-sex couples from marriage has any effect whatsoever on procreation among heterosexual spouses. Excluding same-sex couples from marriage does not change the number of heterosexual couples who choose to get married, the number who choose to have children, or the number of children they have.”

“The state’s attempts to connect the exclusion of same-sex couples from marriage to its interest in economic stability and in ‘ensuring humanity’s continued existence’ are at best illogical and even bewildering … The court can think of no other conceivable legitimate reason for Kentucky’s laws excluding same-sex couples from marriage.”

“[A]s this Court has respectfully explained, in America even sincere and long-held religious views do not trump the constitutional rights of those who happen to have been out-voted.”

Heyburn also noted that every federal appeals court to have considered a same-sex marriage ban has found it unconstitutional. Ouch.

The result was met with the predictable level of hysteria from right-wing opponents of equal marriage, with Family Foundation of Kentucky policy analyst Martin Cothran claiming that Judge Heyburn “has declared martial law on marriage policy” in Kentucky.  She went on:

“By taking another important area of policy out of the hands of voters, liberal judges have struck another blow against the separation of powers that is an underlying principle of our form of government.”

Freedom to Marry founder Evan Wolfson put things a different way:

“It is wrong for the government to deny same-sex couples the freedom to marry the person they love; a freedom that is part of every American’s liberty and pursuit of happiness.”

While Judge Heyburn’s decision strikes down Kentucky’s same-sex marriage ban, the state is planning to appeal.  Arguments on the ruling as well as others from Ohio, Michigan and Tennessee have been scheduled for a single session on August 6th at the U.S. 6th Court of Appeals.

Reprinted with permission from Addicting Info