Kentucky Fried Constitution

By: American Decency Staff

It may be National Marriage Week, but the federal bench has a funny way of celebrating it. In courtrooms from Kentucky to Nevada, democracy is taking a beating from activist judges anxious to put their stamp on the march toward same-sex "marriage." Bluegrass voters were the latest ones caught in the undertow, as a surge of amendment challenges sweep through Middle America. This time, it was a Republican appointee doing the honors — U.S. District Judge John Heyburn, who ruled that representative government is a distant second to a radical political agenda that 75% of the state had already rejected.

His opinion, a 23-page activists' masterpiece, insisted that Kentucky's marriage amendment "demeans" homosexuals and shouldn't be used to deny couples benefits if they wed in other states. While Heyburn admitted that he was rewriting the law, he insisted he was justified in doing so because "history has already shown us that, while the Constitution itself does not change, our understanding of the meaning of its protections and structure evolves." In an especially patronizing portion of the ruling, Heyburn claims, "[T]his court's role is not to impose its own political or policy judgments on the Commonwealth or its people" — yet that's exactly what his opinion does by ignoring the people's will!

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