“In the Proposition 8 case, what we have is a situation where California public officials simply didn’t show up to defend the law,” said Cothran. “Proposition 8 was struck down, but only on procedural grounds.”
“In the DOMA case, Justice Anthony Kennedy invalidated the federal law and left marriage amendments like Kentucky’s intact. He basically invalidated DOMA because of state’s rights. We need to further analyze his reason for doing so. Legal decisions by the Supreme Court on issues like this seem to depend a lot on how Justice Kennedy is feeling that day. We will have more to say on this after we analyze his logic.”
"In the past, the Supreme Court has 'discovered' rights in the Constitution that nobody had noticed before," said Cothran. "We're just thankful the justices decided not to create rights out of whole cloth on this issue like they have for some other issues."
"The idea that the founding fathers secretly placed same-sex marriage rights in the Constitution for liberal judges to find two centuries later does not exactly constitute a convincing case," said Cothran, who was the lead lobbyist on the 2004 Kentucky Marriage Amendment.
“This is not the Roe v. Wade of marriage. The bottom line for Kentuckians is that Kentucky's Marriage Amendment is left intact, which was passed with more votes in favor than votes on both sides of any previous Kentucky constitutional amendment."
Cothran said his group will continue to oppose attempts to thwart the Kentucky Constitution's clear language in regard to marriage.