Politics


Kentucky’s marriage law has been found unconstitutional by a KY juduge, though there is a stay on his decision.

Denmark’s parliament voted overwhelmingly that churches in Denmark must allow same-sex couples to use their facilities for same-sex weddings, and even officiate the weddings. If the priest of the parish is unwilling to officiate the wedding, the bishop must find a priest who is willing to do so.

The government is using its power to force churches to rent out their facilities for purposes they find immoral, and that go against the dictates of their religion.  I would love to see them try to force mosques to do the same!  Hopefully the church in Denmark will rebel.  Considering the fact that less than 1/3 of the priests object, however, I doubt it.

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I can’t keep up with all of the natural marriage laws being ruled unconstitutional these days!  Three states have had their marriage laws overturned in the last two weeks. 

Arkansas

In 2004, Arkansas voters approved a constitutional amendment that recognized a man and woman as vital to the institution of marriage.  Fast forward 10 years.  On May 9, Judge Chris Piazza of the Pulaski County Circuit Court ruled that this amendment is unconstitutional.  The Alabama state attorney general appealed to the Alabama State Supreme Court to put a stay on the decision, which was granted in a back-handed way only because Piazza’s decision did not invalidate a law prohibiting clerks from issuing marriage-licenses.  But Piazza updated his ruling to try to address the issue, and refused to suspend his decision.  As a result, some counties are continuing to issue marriage-licenses while others are not.

Oregon

On Monday, May 19, U.S. District Judge Michael McShane ruled that Oregon’s natural marriage-only constitutional amendment, passed by 57% of the voters in 2004, is unconstitutional. A request was made to the 9th U.S. Circuit Court of Appeals to put a stay on the decision, but the request was denied.

Pennsylvania

Yesterday, U.S. District Judge John E. Jones III federal judge declared Pennsylvania’s marriage laws unconstitutional.  The decision was effective immediately, and same-sex couples began applying for marriage licenses the same day.

There are now 19 states, plus the District of Washington, that support same-sex marriage.

In 2004 Michigan added an amendment to their constitution clarifying that marriage is only between a man and a woman. On Friday, U.S. District Judge Bernard Friedman ruled the amendment unconstitutional. Michigan’s Attorney General, Bill Schuette, has asked for a stay on the ruling.

This is the sixth state in the last four months to have their marriage laws ruled unconstitutional: Michigan, Texas, Utah, Kentucky, Texas, and Virginia.

In a matter of just two weeks, three states have had their constitutional amendments that recognize a man and woman as being essential to a marital relationship struck down in whole or in part as unconstitutional.  First, Kentucky was told they had to recognize out-of-state same-sex marriages as marriages in the state of Kentucky.  Then, Virginia’s constitutional amendment recognizing natural marriage as the only valid form of marriage was struck down.  Now, on February 26, federal Judge Orlando Garcia ruled that Texas’ constitutional amendment that recognizes a man and woman as being essential to a marital relationship is unconstitutional.  Like Virginia, however, the ruling does not go into effect immediately.  Judge Garcia determined not to enforce his ruling until two similar cases are decided by the 10th Circuit Court of Appeals.

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Judge rules KY must recognize out-of-state SSMs

Seventy-five percent of Kentucky voters approved a constitutional amendment in 2004 that recognized the necessity of opposite-sex partners for a marital relationship.  No other union was recognized as a marriage, which would include same-sex marriages solemnized in other states where same-sex marriage is recognized.

On February 12 United States District Judge John G. Heyburn II ruled that the state of Kentucky must recognize the relationships of same-sex couples who had their marriage solemnized in a state where same-sex marriage is legal, as marriages. He stopped short, however, of declaring Kentucky’s marriage law unconstitutional. For the time being, Kentucky is “only” being required to recognize out-of-state same-sex marriages as legitimate marriage; they are not (yet) required to solemnize same-sex marriages in their own state.

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I don’t know how I missed this news story, but on December 20 U.S. District Court Judge Robert Shelby declared that Amendment 3 in Utah’s constitution – which defined marriage as between a man and woman, and the voter’s passed in 2004 – is unconstitutional.  Same-sex marriages began immediately.  Utah appealed to the SCOTUS for a stay, which was granted by Justice Sotomayor on January 6.  In the 17 days before the stay, ~1300 same-sex couples were married.

Then, there’s Oklahoma.  Similar story.  On January 14, Judge Terence C. Kern of U.S. District Court for the Northern District of Oklahoma ruled that Oklahoma’s constitutional ban of same-sex marriage is unconstitutional because it is based on a moral disapproval of homosexuality and has no rational basis.  In light of what happened in Utah, however, Judge Kern stayed his own ruling.  It is almost certain that Oklahoma will appeal the case to the 10th Circuit Court of Appeals in Denver, CO – the same court where Utah’s appeal will be heard.

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