Friday, May 27, 2005


A victory for the Commonwealth of Kentucky

The Franklin Circuit Court today ruled that the amendment to the Kentucky Constitution defining marriage as between citizens of the opposite sex was procedurally valid. The plaintiffs brought the suit against Kentucky on the grounds that the question as put to the voters in 2004 was vague and addressed more than one issue - arguments that the court did not accept. You can read the opinion here. Incidentally, Kent Ostrander, the executive director of The Family Foundation of Kentucky, was an intervener in the case. I worked under Kent with The Family Foundation as part of The Blackstone Fellowship during the summer following my first year of law school. If any readers in Kentucky are interested in supporting a fantastic organization that produces results far exceeding its funding, I encourage you to look at The Family Foundation.

Given their failure to kill the gay marriage amendments after the state constitutions have been amended, it's no wonder that the Tennessee ACLU is trying to deny the voters of Tennessee a say on the issue. This is a shrewd legal maneuver, as Glenn Reynolds (through Bill Hobbs and Roger Abramson) pointed out, due to prior Tennessee Supreme Court holdings.

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