LEXINGTON, KY— "For all practical purposes, Judge G. Heyburn has declared martial law on marriage policy in Kentucky," said a spokesman for the group that led the effort to pass the Marriage Protection Amendment in 2004 in response to today's decision by a federal court to strike down Kentucky's marriage law. "This decision is another indication that we are no longer a nation of laws, but a nation of judges."
Martin Cothran, senior policy analyst with The Family Foundation, criticized the reasoning in the decision to strike down Kentucky's marriage law: "The judge cited 'doctrinal developments' by other federal judges that ignored judicial precedent in favor of traditional marriage laws as a reason for invalidating our law. This raises the 'everybody else is doing it' principle to a judicial doctrine."
The group said that Judge John Heyburn's decision ignored the language of the US Supreme Court's recent Windsor decision in which it said that the definition of marriage was still up to individual states.
"By taking another important area of policy out of the hands of voters, liberal judges have struck another blow against the separation of powers that is an underlying principle of our form of government."