Kentucky Marriage Amendment (2004)
On July 1, 2014, Judge John Heyburn of the United States District Court for the Western District of Kentucky found the amendment violated the Equal Protection Clause of the U.S. Constitution by treating same-sex couples differently than straight couples. He also pointed to the fact that every federal court case regarding same-sex marriage bans has found them unconstitutional. Heyburn said of this issue,
|“||Those opposed by and large simply believe that the state has the right to adopt a particular religious or traditional view of marriage regardless of how it may affect gay and lesbian persons. But, as 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. [...]
Sometimes, by upholding equal rights for a few, courts necessarily must require others to forebear some prior conduct or restrain some personal instinct. Here, that would not seem to be the case. Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree.
Heyburn stayed the pending an appeal to the 6th U.S. Circuit Court of Appeals in Cincinnati decides multiple same-sex marriage cases from Kentucky and three other states. The oral arguments are scheduled to begin in that court on August 6, 2014.
This was not Heyburn's first decision regarding same-sex marriage in Kentucky. In February 2014, he struck a ban on recognizing same-sex marriages from outside of Kentucky. He placed a stay on that ruling, at the time.
|Kentucky Marriage Amendment|
|Overturned Case:Love, et al. v. Beshear CIVIL ACTION NO. 3:13-CV-750-H|
Text on ballot
The text on the ballot said:
"Are you in favor of amending the Kentucky Constitution to provide that only a marriage between one man and one woman shall be a marriage in Kentucky, and that a legal status identical to or similar to marriage for unmarried individuals shall not be valid or recognized?"
Financing the campaign
A total of $724,234 was spent on both sides of the campaign, with $201,370 on the pro-side and $522,864 on the anti-side.
The major donors to the "yes" vote side were:
- Vote Yes for Marriage Committee, $135,493.
- Yes for Traditional Marriage, $41,308.
The committee supporting the "no" side, Kentucky Families for Fairness, had 791 donors. The major donors were:
- National Gay & Lesbian Task Force, $73,000.
- Carla Wallace, $43,754.
- Stinson-Lewis-Stinson Pride Foundation, $40,000.
- Fairness Campaign, $17,000.
The following are measures that banned or attempted to ban same-sex marriages. Note that a number of them have been overturned.
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- Mississippi Marriage Definition, Amendment 1 (2004)
- Montana Marriage Verification, Measure CI-96 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Texas Definition of Marriage Act, Proposition 2 (2005)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- Arizona Protect Marriage, Proposition 107 (2006)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Dakota Marriage Amendment (2006)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
- Minnesota Same-Sex Marriage Amendment, Amendment 1 (2012)
- 2004 Kentucky Election Results
- Associated Press, "Judge Strikes Down Kentucky's Gay Marriage Ban," July 1, 2014
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Love, et al. v. Besehar, 3:13-CV-750-H (W.D.K.L. 2014)
- USA Today, "Gays have right to marry in Kentucky, judge rules," July 1, 2014
- Follow the Money database on the Kentucky Marriage Amendment (2004)
State of Kentucky
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