[Judge] Heyburn took particular exception to a “disingenuous twist” added to the state’s argument this time, referring to Gov. Steve Beshear’s (D) claim that it’s too expensive to allow same-sex couples to marry. “These arguments,” he wrote, “are not those of serious people,” calling them “at best illogical and even bewildering.” He could think of “no other conceivable legitimate reason” for Kentucky’s laws banning same-sex marriage.
In his conclusion, Heyburn spoke directly to those who objected to his previous decision this year. “In America,” he implored,” even sincere and long-held religious views do not trump the constitutional rights of those who happen to have been out-voted.” “Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree… hopefully, even those opposed to or uncertain about same-sex marriage will see it that way in the future.”The decision has been stayed.