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Federal judge: Kentucky must recognize same-sex marriages performed in other states

BY BRETT BARROUQUERE
ASSOCIATED PRESS

LOUISVILLE, Ky. -- Kentucky must recognize same-sex marriages performed in other states, according to a ruling Wednesday by a federal judge, who struck down part of the state ban that he wrote treated "gay and lesbian persons differently in a way that demeans them."

In 23-page a ruling issued Wednesday, U.S. District Judge John G. Heyburn II concluded that the government may define marriage and attach benefits to it, but cannot "impose a traditional or faith-based limitation" without a sufficient justification for it."

"Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons," wrote Heyburn, an appointee of President George H.W. Bush.

The decision in the socially conservative state comes against the backdrop of similar rulings or actions in states around the country where same-sex couples have long fought for the right to marry. The constitutional ban on same-sex marriage was approved by voters in 2004 and included the out-of-state clause.

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