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Did Kentucky’s Anti-Marriage Equality Amendment Violate State’s Constitution?
02/26/11-by Bridgette P. LaVictoire
Many of the anti-gay marriage amendments in this nation were undertaken in a manner which was, quite honestly, deceptive. It is unclear how many violated the Constitution, but the reality is that many probably did. Some, like Georgia’s, violated the state’s Constitution despite the decision by the state’s Supreme Court.
Kentucky Equality Federation’s president Jordan Palmer believes that it is unconstitutional and recently issued this statement:
Richmond, KY – February 25, 2010– After the “Public Forum on Fairness” held in Richmond last night from 6 PM – 9 PM and hosted by The Alphabet Center, it is clear that we have a long way to go on gay and lesbian equality in the Commonwealth.
The event was sponsored by EKU’s new ABC Center, the Richmond Commission of Human Rights, the Louisville Fairness Campaign, and Lexington Fairness. I spoke at the event twice rebutting statements from local residents opposed to a non-discrimination ordinance in Richmond, KY.
However, by passing the 2004 Constitutional Amendment, I cannot help but wonder why the Kentucky Constitution did not prevent the Kentucky House and Senate from passing the 2004 Constitutional Amendment banning same-sex marriage, domestic partnerships, and civil unions.
Section II of the Commonwealth’s Constitution states: “Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.”
When the Kentucky House and Senate passed the Amendment, should it have been permitted to be placed for ratification by the people?
By removing civil rights on a very specific group of people (the Commonwealth’s gay and lesbian community), the Kentucky House and Senate in 2004 violated our own Constitution because it reads “Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic (the Commonwealth of Kentucky).
By then placing it for a vote to the citizens of the Commonwealth, they effectively allowed the “largest majority” to exercise “absolute and arbitrary power over the lives, liberty and property of freemen,” in direct contradiction of Section II.
I am posing to question to our legal representation for an answer.
7 Responses to Did Kentucky’s Anti-Marriage Equality Amendment Violate State’s Constitution?
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heather
March 21, 2012 at 7:35 pm
I believe it’s up to a person on how they want to live their life. I don’t see any harm in having an opposite relationship, if thats what they want. Just let them live their life.
Rich Jones
February 28, 2011 at 11:43 am
Yes it is unconstitutional and for the very reason mentioned in the article..
Section II of the Commonwealth’s Constitution states: “Absolute and arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.”
Tilt
February 26, 2011 at 9:00 pm
It’s OK, because it benefits the Republican party, and reflects what the bible says, according to some, so it’s justified, OK? Jeez.
Larry Fiehn
February 26, 2011 at 7:10 pm
Joe, You need to remember a Mark Twain quote about Kentucky: “”I want to be in Kentucky when the end of the world comes, because it’s always 20 years behind”. Personally, as a transplant to Kentucky, I would say Kentucky is more like 50 years behind in many areas. Too many “Christianists”.
Joe Mustich
February 26, 2011 at 7:00 pm
Grow up KY. It’s the 21st century.
Cheers, Joe Mustich, CT Justice of the Peace.
Jordan Palmer
February 26, 2011 at 6:47 pm
In the corrected statement, is says “I am posing this question to our legal representation for an answer.”
Jordan Palmer
February 26, 2011 at 6:38 pm
Thanks for posting this for me. I have asked our attorney to investigate this!