Wednesday, July 02, 2014

 

Kentucky Windage


U.S. District Judge John G. Heyburn II, who had earlier struck down Kentucky's refusal to recognize out-of-state gay marriages, even where those marriages were legal under the state law they were performed in, has now struck down the state's refusal to allow same sex marriage in Kentucky.

Ultimately, the rational is familiar. Judge Heyburn is among those who have found that anti-same-sex legislation and/or state constitutional amendments cannot meet the lowest form of constitutional scrutiny: "rational basis."

But, as I keep saying, over and over, the real power of these decisions does not reside in the fine legal points or the judges' rhetorical flourishes. It is the story of the people who are being denied equality before the law. These are the human beings behind all the shouting in Kentucky:
Timothy Love and Lawrence Ysunza reside in Louisville, Kentucky and have lived together for 34 years. On February 13, 2014, they requested a Kentucky marriage license from the Jefferson County Clerk's Office, presenting the requisite identification and filing fees. The Commonwealth refused to issue them a license because they are a same-sex couple. They allege that their inability to obtain a marriage license has affected them in many ways. For example, last summer, Love underwent emergency heart surgery, which had to be delayed in order to execute documents allowing Ysunza access and decision-making authority for Love. As another surgery for Love is imminent, the couple fears what will happen if complications arise. The couple fears that healthcare providers and assisted living facilities may not allow them to be together or care for each other as they age. In addition, the couple has had difficulties with professional service providers; they found out after they purchased their home that their real estate attorney disregarded their request to include survivorship rights in the deed.

Maurice Blanchard and Dominique James reside in Louisville, Kentucky and have been together for ten years. On June 3, 2006, they had a religious marriage ceremony in Louisville. On January 22, 2013, they requested a Kentucky marriage license from the Jefferson County Clerk's Office, presenting the requisite identification and filing fees. The Commonwealth refused to issue them a license because they are a same-sex couple. They too have faced challenges as a result. For example, they allege that their neighborhood association will not recognize them as a married couple because Kentucky does not allow them to marry. In addition, their inability to obtain parental rights as a married couple has deterred them from adopting children. They also share a number of Love and Ysunza's concerns.
Those who think they are being "marginalized" for their religious beliefs are missing the point. Good, decent, loving people like Timothy Love, Lawrence Ysunza, Maurice Blanchard and Dominique James have been marginalized all their lives and no one ... no one ... has been able yet to give a rational basis why. Go on believing what you will, keep saying what you believe ... but when it comes to the law, leave them alone ... let them be equal.

Comments:
A legal trivia question, what is meant by 'survivorship benefits in the deed'? Is that simply being joint tenants (the way you'd accomplish that here)?
 
Your point about the ordinariness of the people and their situations is a good one. Before any of this stuff was a public issue, I'd met gay folk who ran the gamut from the hairdresser who wore high heels, make-up, brocade-jackets and capri pants to the straightest person I think I've ever known and who happened to be gay as well. Knowing folk as individuals is powerful.
 
John, in the second para, "rational" should be "rationale."
Bob Carroll
 
That is, the first use of that word in the para.
B. C.
 
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