Friday, November 7, 2014

Official Statement on the Sixth Circuit Court of Appeals Decision (Bourke/Love vs. Beshear)

This decision is a temporary setback in the march to equality and true justice for the LGBTI community, and we encourage all civil rights activists within the states of the district (Kentucky, Ohio, Tennessee, and Michigan) to continue the fight for equality.  At this point, it appears that the issue of marriage equality must addressed by the Supreme Court, which has so far dodged the issue.

"The decision is filled with blatantly self-serving and speculative premises and reasoning," said Kentucky Equality President Joshua Koch.  "It is extremely callous, ignores the needs of a much-wronged segment of the population, and upholds partisan-tinged, fictional needs of the well-being of the court system over the needs of the populace that supports the courts with its tax dollars.  This may be the most blatant recent example of a government institution hiding behind an argument of cowardice to defend its decision not to relieve injustice it is causing.  Governor Beshear's legacy as an active oppressor of the LGBTI community in Kentucky has now been solidified by a decision which echoes Chief Justice Taney's rationale for enslaving entire classes of people in the 1857 Dred Scott decision."

"The ruling in the 6th Circuit is disappointing," said Kentucky Equality Federation Board Chairman Brandon Combs.  "While this will likely catapult Marriage Equality to the Supreme Court of the U.S., it will likely be 2016 before the issue will be addressed. In the mean time, all the loving, committed families effected by this ruling will continue to have their rights' diminished. We must continue to work towards developing allies. There is no guarantee SCOTUS will rule in favor of Marriage Equality."

Media outlets are encouraged to take note that the U.S. Circuit Court uses similar rationale to pro-slavery Supreme Court opinions in the 1857 Dred Scott case, where the court effectively grants states the protection to remove human rights protections from classes of people, as long as the classes aren't recognized.