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Beshear's counsel cites procreation for gay marriage ban

by WHAS11


Posted on May 9, 2014 at 4:20 PM

FRANKFORT, Ky. (WHAS11)—The attorney’s Kentucky Governor Steve Beshear hired said the Commonwealth’s ban on the recognition of same-sex marriages from other states and countries should stand because procreation is vital to the state; only man and woman couples can procreate.

Beshear is appealing U.S. District Judge John G. Heyburn II’s Feburary ruling that struck down part of Kentucky’s law and Constitutional amendment banning the recognition of same-sex marriages performed elsewhere legally.

Heyburn handed down the ruling by saying Kentucky had offered no rational basis for threatening gay and lesbian couples differently.

Beshear decided to appeal after Ky. Attorney General Jack Conway, now a candidate for governor in the 2015 race, decided not to appeal Heyburn’s ruling.

The Governor hired an Ashland lawfirm to represent the Commonwealth in the case, since Beshear is named in the lawsuit. The counsel said the state had a legitimate interest in encouraging procreation to support “long-term economic stability through stable birth rates.”

Heyburn rejected that argument in the initial case, but the Commonwealth is hoping the 6th Circuit Court of Appeals in Cincinnati will agree with the argument.

Kentucky is one of several states that had part of a state ban on gay marriage ruled unconstitutional in recent months.