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Campus Question – February 27, 2014

February 27, 2014

Today's Buzz

Campus Question – February 27, 2014

Tonight’s question, greetings, and banter here. (More)

Today federal judge John Heyburn issued his final order in Bourke v. Beshear, holding that Kentucky must recognize LGBT marriages performed in other jurisdictions. The lawsuit was filed by several same-sex couples, including Gregory Bourke and Michael Deleon, who married in Canada in 2004. Judge Heyburn was recommended by Senate Majority Leader Mitch McConnell and appointed by President George H.W. Bush in 1992. Will his holding Kentucky violated the Equal Protection Clause be upheld on appeal?

  • NCrissieB

    Today on Campus

    Morning FeatureA Win for Equality … and for Arizona
    Midday Matinee – triciawyse with Fursdai Furries
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  • http://cendax.wordpress.com Norbrook

    I think so. IANAL, but if nothing else, the decision also falls under the Article IV, Section 1, the “full faith and credit” clause. While there was a potential “weasel out” in that the named plaintiffs weren’t married in the US, that there is legal marriage rights in other states these days means that Kentucky pretty much has to recognize those marriages, even if they weren’t performed (or allowed) in Kentucky.

    • NCrissieB

      You can read the entire (two paragraph) order at Buzzfeed, the first link in tonight’s Question. He based his decision on the Fourteenth Amendment’s Equal Protection Clause, not the Article IV Full Faith and Credit Clause.

    • http://cendax.wordpress.com Norbrook

      Social chatter: I talked to my cousin this afternoon, and she’s doing well after surgery. They took half of her foot, not the entire foot, and she’s currently on major IV antibiotics. She’s doing as well as can be expected, although she’s not getting much rest since everyone in the family is calling in to check on her.

      • NCrissieB

        My apologies for misreading your message this morning. I thought she was your sister. I hope she’ll continue to heal well, and please do pass along our wishes for her speedy recovery.

        • http://cendax.wordpress.com Norbrook

          No problem. ;-) I have a big family, and in this case, we actually spent our early years living next door to each other. Since my mom was a good cook, and my aunt wasn’t, there could be some confusion as to who belonged to who. :lol:

  • NCrissieB

    If you’re in the mood for giggles, Alternet’s Janet Allon offers 6 Truly Unhinged Right-Wing Reactions to Jan Brewer’s Veto of AZ’s Anti-Gay Bill. Among them, Tea Party Nation Judson Phillips claim that the veto now mandates giant, penis-shaped wedding cakes. :roll:

    Yes, I think Judge Heyburn’s ruling will be upheld on appeal. In fact, it wouldn’t surprise me if the case is moot before it reaches the U.S. Supreme Court, because it wouldn’t surprise me if the U.S. Supreme Court finally, fully brings LGBTs within the rubric of the Equal Protection Clause and overturns all state laws that block marriage equality.

  • addisnana

    One can hope it will stand on appeal. I love that judges cite Scalia’s dissent in DOMA as part of their reasoning. This one didn’t but that idea that others have just tickles me.