In striking down Kentucky's ban on gay marriage, a federal judge Tuesday rejected Gov. Steve Beshear's argument that the ban is needed because only opposite sex couples can procreate and maintain the state's birth rate and economy.
"These arguments are not those of serious people," wrote Senior U.S. District Court Judge John G. Heyburn II.
"Even assuming the state has a legitimate interest in promoting procreation," Heyburn wrote in a 19-page opinion, its lawyers never explained how the exclusion of same-sex couples from marriage has "any effect whatsoever on procreation among heterosexual spouses.''
Heyburn stayed his ruling, putting it on hold pending the outcome of gay marriage cases from four states that are to be argued Aug. 6 at the U.S. 6th Circuit Court of Appeals. Those include Heyburn's ruling in February that Kentucky must recognize same-sex marriages performed elsewhere.