Skip to main content

Judge strikes down Kentucky’s gay marriage ban

By WTOP Staff

BRETT BARROUQUERE
Associated Press

LOUISVILLE, Ky. (AP) — A federal judge in Kentucky struck down the state’s ban on gay marriage on Tuesday, though the ruling was temporarily put on hold and it was not immediately clear when same-sex couples could be issued marriage licenses.

U.S. District Judge John G. Heyburn in Louisville concluded that the state’s prohibition on same-sex couples being wed violates the Equal Protection Clause of the U.S. Constitution by treating gay couples differently than straight couples. The ruling was the latest in a string of victories for gay marriage advocates across the nation, and marked the most recent conservative state to have its ban overturned.

Heyburn previously struck down Kentucky’s ban on recognizing same-sex marriages from other states and countries, but he put the implementation of that ruling on hold. That decision did not deal with whether Kentucky would have to issue marriage licenses to same-sex couples. Instead, Tuesday’s ruling dealt directly with that question.

“Sometimes, by upholding equal rights for a few, courts necessarily must require others to forebear some prior conduct or restrain some personal instinct,” Heyburn wrote. “Here, that would not seem to be the case. Assuring equal protection for same-sex couples does not diminish the freedom of others to any degree.”

Heyburn noted that every federal court to consider a same-sex marriage ban has found it unconstitutional. Gay rights activists have won 18 cases in federal and state courts since the U.S. Supreme Court in June 2013 overturned a key portion of the 1996 Defense of Marriage Act, allowing married same-sex couples to receive the same federal benefits as heterosexual couples. Only Judge Paul J. Kelly Jr. of the 10th Circuit Court of Appeals in Denver has argued for keeping a state ban on same-sex marriages.

A total of 13 gay marriage cases are pending in state and federal appeals courts. Those rulings all are on hold pending appellate court decisions.

Also on Tuesday, six couples sued to overturn Colorado’s gay marriage ban, a move that comes as the Republican attorney general urged Boulder officials to stop issuing marriage licenses to same-sex couples. Elsewhere, the 7th Circuit Court of Appeals in Chicago ordered Indiana to recognize the marriage of a lesbian couple, one of whom is terminally ill, on an emergency basis.

The U.S. 6th Circuit Court of Appeals has scheduled arguments on rulings from Ohio, Michigan, Kentucky and Tennessee in a single session, on Aug. 6. Although the cases are unique, each deals with whether statewide gay marriage bans violate the Constitution. The Michigan case also dealt with a ban on state-issued marriage licenses to same-sex couples.

Kentucky Gov. Steve Beshear said the state will appeal Heyburn’s decision, though it’s not clear if the appeal will be heard alongside the others before the 6th Circuit.

The lead plaintiff, Timothy Love, 55, of Louisville, Kentucky, said he was “ecstatic” about the decision and hopes to be able to marry his partner of 34 years, Larry Ysunza, once all the appeals are complete.

“We wanted to see the entire ban struck down,” Love said. “Now, the headline is ‘Love Wins.'”

Dan Canon, one of the attorneys for the plaintiffs, said he was excited about the ruling because the day will arrive soon when same-sex couples can get a marriage license in Kentucky.

“We believe the opinion forcefully lays to rest any notion that Kentucky’s anti-marriage laws are based on anything other than discrimination against homosexuals,” Canon said.

In support of the ban, Beshear argued in part that Kentucky’s prohibition encouraged, promoted and supported relationships among people who have the “natural ability to procreate.” A stable birth rate ensures the state’s long-term economic stability, Beshear argued in court records.

Heyburn, an appointee of President George H.W. Bush, dismissed the governor’s argument because excluding same-sex couples from marriage does not change the number of heterosexual couples who choose to marry and have children.

“These arguments are not those of serious people,” Heyburn wrote.

Martin Cothran, a senior policy analyst with the Family Foundation of Kentucky, said Heyburn “has declared martial law on marriage policy” in Kentucky.

“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,” Cothran said.

Evan Wolfson, founder of Freedom to Marry, a group backing same-sex marriage, said the ruling shows the public is ready to remove the legal bans put in place in many states.

“It is wrong for the government to deny same-sex couples the freedom to marry the person they love; a freedom that is part of every American’s liberty and pursuit of happiness,” Wolfson said.

___

Follow Associated Press reporter Brett Barrouquere on Twitter: http://twitter.com/BBarrouquereAP

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story

Related News

Frustration grows in Venezuela as earthquake death toll reaches 1,430

Israel and Lebanon sign framework agreement with US in ‘first step’ toward peace, Rubio says

Trump-endorsed populist poised to become Colombia’s next president as rival challenges vote