After bragging for a year that Gov. Beshear didn't need legislative approval to force Kentucky into ObamaCare, the Governor's legal team had to cringe Friday when Rep. Tom Burch filed a bill to give him that permission.
House Bill 505 opens up a nasty can of worms for Obamacrats: anyone who votes for it in Frankfort goes on record in support of the health reform fiasco and if the bill fails, which appears likely, the effort puts unwanted light on the series of illegal acts by the governor to improperly implement ObamaCare.
The next event to watch for is a House Health and Welfare Committee meeting in which they discuss HB 505. The committee regularly meets each Thursday at noon in the Capitol Annex. As soon as we hear that the bill will be discussed, every effort will be made to get the word out. Stay tuned...
Sunday, March 02, 2014
Friday, February 28, 2014
ObamaCare has lone KY House sponsor
Probably the most left-wing member of the Kentucky House of Representatives filed a bill today to legally create the Kentucky Health Benefit Exchange (ObamaCare) in Kentucky. Rep. Tom Burch of Louisville filed the bill alone, with no co-sponsors.
If House Bill 505 is not enacted into law to ratify Gov. Steve Beshear's illegal executive order creating the exchange, Kentucky's disastrous exchange will expire ninety days after the 2014 legislative session ends in April. The bill seeks to confirm Executive Order 2013-418, which was issued in violation of KRS 12.028(5) after the filing of 13-CI-423 in Franklin Circuit Court to stop Beshear's illegal implementation of the ObamaCare debacle.
Can't imagine what Burch is counting on with the last-minute filing of this bill.
If House Bill 505 is not enacted into law to ratify Gov. Steve Beshear's illegal executive order creating the exchange, Kentucky's disastrous exchange will expire ninety days after the 2014 legislative session ends in April. The bill seeks to confirm Executive Order 2013-418, which was issued in violation of KRS 12.028(5) after the filing of 13-CI-423 in Franklin Circuit Court to stop Beshear's illegal implementation of the ObamaCare debacle.
Can't imagine what Burch is counting on with the last-minute filing of this bill.
Get some fries with that while you can
In Lexington, Kentucky, Xerox is seriously downgrading its ObamaCare customer service efforts amid an exodus of qualified call center workers frustrated by what some call shocking ineptitude and corruption by state officials.
As employees leave the Kynect contractor, those hired on at the beginning of operations last fall at $12.50 an hour are being replaced by new people at $10.00 an hour.
"I held on as long as I could," said one former employee who asked to not be named. "Middle management hasn't changed since the beginning, which is surprising given the lack of integrity. It's the biggest mess I've ever seen and it just kept getting worse."
Leaders in the Kentucky General Assembly have made no apparent effort to ensure continued funding for the Kentucky Health Benefit Exchange, whose operations are paid for by federal grants expiring at the end of 2014. If Kentucky does not continue their ObamaCare exchange operations next year, we will default to a federally run exchange and save Kentucky taxpayers many millions of dollars. Implementation of the state exchange currently faces legal challenge in state courts. Federal funding of federally run exchanges faces multiple legal challenges in federal courts.
As employees leave the Kynect contractor, those hired on at the beginning of operations last fall at $12.50 an hour are being replaced by new people at $10.00 an hour.
"I held on as long as I could," said one former employee who asked to not be named. "Middle management hasn't changed since the beginning, which is surprising given the lack of integrity. It's the biggest mess I've ever seen and it just kept getting worse."
Leaders in the Kentucky General Assembly have made no apparent effort to ensure continued funding for the Kentucky Health Benefit Exchange, whose operations are paid for by federal grants expiring at the end of 2014. If Kentucky does not continue their ObamaCare exchange operations next year, we will default to a federally run exchange and save Kentucky taxpayers many millions of dollars. Implementation of the state exchange currently faces legal challenge in state courts. Federal funding of federally run exchanges faces multiple legal challenges in federal courts.
Mitch McConnell campaigning like a drunken sailor
Sen. Mitch McConnell's latest campaign mailer demonstrates clearly he has been in Washington D.C. too long. Labeled on the outside "Fraud Alert," the mail piece is devoted entirely to attacking Matt Bevin with the same tired lies McConnell has been spreading for a whole year.
After voting repeatedly to make government bigger and less affordable, betraying conservatives on ObamaCare, sequester and the Obama budget and declaring war on the tea party, McConnell's credibility continues to sink along with his poll numbers. Kentucky conservatives must renew their call for McConnell to drop his bid for re-election.
Thursday, February 27, 2014
Rebellion: ObamaCare contractors starting to turn
Governor Steve Beshear's idea of fiscal responsibility in ObamaCare, apparently, is short-changing contract labor in his Kentucky Health Benefits Exchange.
This probably wasn't a very good idea because, while the media has been all-too-happy to turn a blind eye to the many problems in Kentucky that have plagued ObamaCare here, the contractors have been taking careful notes.
Expect the excrement to hit fan very soon.
Medical marijuana day in Frankfort today
The Kentucky House Health and Welfare Committee looks ready to send medical marijuana to the House floor today. The committee meets at noon and will take up HB 350.
Republican opposition to ending this big chunk of the "war on drugs" has been reduced to just a handful of politicians who are unable to make a case for why they want government to hold onto so much illegitimate power over people.
Ending the government's "war on drugs" brings with it a huge fiscal benefit. Getting out of the way of hemp and medical marijuana are intermediate steps, but they are big ones. People who dislike drugs -- like me -- need to turn to persuading people with logic because the big government drug police sledgehammer is being taken away.
Republican opposition to ending this big chunk of the "war on drugs" has been reduced to just a handful of politicians who are unable to make a case for why they want government to hold onto so much illegitimate power over people.
Ending the government's "war on drugs" brings with it a huge fiscal benefit. Getting out of the way of hemp and medical marijuana are intermediate steps, but they are big ones. People who dislike drugs -- like me -- need to turn to persuading people with logic because the big government drug police sledgehammer is being taken away.
Wednesday, February 26, 2014
Improve Kentucky's "Tim Tebow" bill
A Kentucky Senate bill filed Monday deserves a look because it would allow children not enrolled in public schools to be involved in school extracurricular activities, including sports. Such a law in Florida allowed former NFL quarterback Tim Tebow to play high school football as a homeschooled student, so similar laws in other states are often unofficially named after him.
Amid the wreckage of Common Core, though, this bill needs one brief amendment.
The bill would add a new section to KRS 158. Section 1(1)(c) of the new law would state in part that any participant in public school extracurricular activities must: "adhere to the same academic standards as other participants." This is more than a little silly and needs to be fixed. I don't know anyone leaving the public schools because the academic standards are too high.
Should Kentucky fail to escape the federal Common Core dumbing down, the distance between public school student academic standards and those of private and homeschooled students will only get bigger. This bill should be amended in Section 1(1)(c) to read "adhere to academic standards at least as rigorous as other participants."
Amid the wreckage of Common Core, though, this bill needs one brief amendment.
The bill would add a new section to KRS 158. Section 1(1)(c) of the new law would state in part that any participant in public school extracurricular activities must: "adhere to the same academic standards as other participants." This is more than a little silly and needs to be fixed. I don't know anyone leaving the public schools because the academic standards are too high.
Should Kentucky fail to escape the federal Common Core dumbing down, the distance between public school student academic standards and those of private and homeschooled students will only get bigger. This bill should be amended in Section 1(1)(c) to read "adhere to academic standards at least as rigorous as other participants."
Tuesday, February 25, 2014
New ObamaCare glitch soaks Kentuckians
Gov. Steve Beshear is trying to keep quiet a Kynect web site glitch resulting in payment of excessive federal subsidies in January and February which must now be removed, resulting in higher premium payments for ObamaCare customers. The biggest unanswered question now is where the money comes from to pay for two months of premium shortages.
The glitch resulted in customer premium payments plus improperly excessive federal subsidies going to the insurers for the first two months of ObamaCare. Reducing subsidy payments for March and beyond, as the Kentucky Health Benefit Exchange (KHBE) told victims will now happen, means higher payments for those who purchased ObamaCare plans. KHBE said customers will not be responsible for making up deficits in their accounts due to the overpayments in January and February. So, who pays?
It's possible the federal government will eat the costs of the KHBE mistake, but not very likely. Same goes for the insurance companies. That leaves state taxpayers. Is that what's happening? Are state taxpayers picking up the tab for Gov. Beshear's mistake without being told about it?
Please ask your state Senator and state Representative about this.
The glitch resulted in customer premium payments plus improperly excessive federal subsidies going to the insurers for the first two months of ObamaCare. Reducing subsidy payments for March and beyond, as the Kentucky Health Benefit Exchange (KHBE) told victims will now happen, means higher payments for those who purchased ObamaCare plans. KHBE said customers will not be responsible for making up deficits in their accounts due to the overpayments in January and February. So, who pays?
It's possible the federal government will eat the costs of the KHBE mistake, but not very likely. Same goes for the insurance companies. That leaves state taxpayers. Is that what's happening? Are state taxpayers picking up the tab for Gov. Beshear's mistake without being told about it?
Please ask your state Senator and state Representative about this.
Monday, February 24, 2014
Beshear bludgeons more ObamaCare victims
The preferred narrative in Frankfort takes a hit this week as tens of thousands of Kentuckians get ObamaCare letters apologizing that a computer glitch overestimated their federal subsidies and demanding additional payments to keep their new health insurance.
That should be popular, especially for those just now learning about the limitations on their new policies. This disaster can't end soon enough.
That should be popular, especially for those just now learning about the limitations on their new policies. This disaster can't end soon enough.
Arkansas showing Kentucky how to deauthorize Medicaid expansion
Arkansas legislators took the ObamaCare bait last year on a version of ObamaCare Medicaid expansion, but seem to be thinking better of it this year when they are being asked to pour more state funds in. State officials say 100,000 Arkansans will be dropped from the program on July 1 if funding is not approved, and Kentucky should be paying very close attention.
Kentucky is currently spending unappropriated dollars on its ObamaCare Medicaid expansion, which was implemented illegally and remains mired in a legal challenge. If the Kentucky General Assembly session ends April 15 without funds allocated for the expansion, we will also be cancelling Medicaid cards in one fell swoop.
The ObamaCare disaster is sure to be a big issue in Kentucky legislative elections later this year.
Kentucky is currently spending unappropriated dollars on its ObamaCare Medicaid expansion, which was implemented illegally and remains mired in a legal challenge. If the Kentucky General Assembly session ends April 15 without funds allocated for the expansion, we will also be cancelling Medicaid cards in one fell swoop.
The ObamaCare disaster is sure to be a big issue in Kentucky legislative elections later this year.
Beshear blames ObamaCare failure on Republicans
Gov. Steve Beshear's bizarre attempt to force Kentucky into ObamaCare will look a lot stranger when its over, as it becomes clear that it was never going to work. For now, he continues to regale any clueless national media figures he can find with falsehoods about the federal takeover of healthcare.
"Look, let me tell you how I sold this to Kentuckians," Beshear told USA Today in an interview published this morning. "I told them, I said, 'Look, you don't have to like the president. You don't have to like me. Because this is not about the president or about me. It's about you.'"
Actually, his sales pitch was only three words long:
Beshear also told USA today he expects to have 300,000 Kentuckians signed up for ObamaCare by the end of open enrollment on March 31. We can only assume from this he intends to still be counting unpaid, cancelled applications as enrollments at least that long.
But the best part came when Beshear was asked about the disastrous results for the federal ObamaCare website operating in the dozens of states who were smart enough to opt out of the responsibility of setting up an exchange web site and bureaucracy as well as paying 100% of the costs starting in 2015.
"In their defense," Beshear said, "they (the federal government) had a much bigger audience than we did. ... I don't think they expected so many states to refuse to do their own exchanges."
Right, a "big audience" is what caused all the problems. In related news, not one single Democrat has filed a bill to ratify Beshear's executive order creating Kentucky's exchange. That won't change today. Failure to gain ratification by April 15 by the entire legislature will result in the nullification of the Kentucky Health Benefit Exchange pursuant to KRS 12.028(5).
"Look, let me tell you how I sold this to Kentuckians," Beshear told USA Today in an interview published this morning. "I told them, I said, 'Look, you don't have to like the president. You don't have to like me. Because this is not about the president or about me. It's about you.'"
Actually, his sales pitch was only three words long:
Beshear also told USA today he expects to have 300,000 Kentuckians signed up for ObamaCare by the end of open enrollment on March 31. We can only assume from this he intends to still be counting unpaid, cancelled applications as enrollments at least that long.
But the best part came when Beshear was asked about the disastrous results for the federal ObamaCare website operating in the dozens of states who were smart enough to opt out of the responsibility of setting up an exchange web site and bureaucracy as well as paying 100% of the costs starting in 2015.
"In their defense," Beshear said, "they (the federal government) had a much bigger audience than we did. ... I don't think they expected so many states to refuse to do their own exchanges."
Right, a "big audience" is what caused all the problems. In related news, not one single Democrat has filed a bill to ratify Beshear's executive order creating Kentucky's exchange. That won't change today. Failure to gain ratification by April 15 by the entire legislature will result in the nullification of the Kentucky Health Benefit Exchange pursuant to KRS 12.028(5).
Friday, February 21, 2014
Score one for Governor Fruit Tree
I'm no fan of former Kentucky Governor and current state Senator Julian Carroll. His long career of making government bigger and less accountable is a textbook case for limiting terms or taking other steps to eliminate elected office as a long-term career destination.
But no one will be hurt by Carroll's Senate Bill 154, which would name the Pawpaw tree as the state fruit tree. They are beautiful trees and the fruit is very good for you in addition to tasting great. Besides, Frankfort seems very unlikely to accomplish anything of substance this year other than agreeing to get Kentucky out of ObamaCare. So I say "bully for you, Governor Fruit Tree!"
But no one will be hurt by Carroll's Senate Bill 154, which would name the Pawpaw tree as the state fruit tree. They are beautiful trees and the fruit is very good for you in addition to tasting great. Besides, Frankfort seems very unlikely to accomplish anything of substance this year other than agreeing to get Kentucky out of ObamaCare. So I say "bully for you, Governor Fruit Tree!"
Thursday, February 20, 2014
Beshear's $100,000 ObamaCare scandal
An unfortunate oversight in Kentucky law protects Gov. Steve Beshear from criminal prosecution for overstepping constitutional limits on his power, but in March when illegal payments to his ObamaCare executive director in Kentucky accrue to over $100,000 his civil liability will grow harder to ignore.
In court documents, Carrie Banahan, the head of our health benefits "exchange" said her position was created on June 19, 2013 by executive order of the Governor. But that's when Beshear's original ObamaCare order expired under KRS 12.028 and he illegally replaced it (see KRS 12.028(5)). Banahan actually started work at the exchange in May. It's clear she and Beshear see the problem with her employment status.
By next month, Banahan will have been paid a total of $100,000 for a government job that can't legally exist. Restitution should be the least of our expectations.
The need to see this fight through to completion should be obvious. If we go quiet now, precedent will allow governors to create bureaucracies, write laws, levy taxes and spend money without regard for legal processes in place for hundreds of years to protect the voice of the people. We can't go out like this. Please take a moment to contribute to the effort by clicking here and donating what you can to keep this resistance going. Our opponents will be delighted to see me begging for help, which is exactly what I am doing. But they will delight more if we quit. Let's deny them that pleasure.
In court documents, Carrie Banahan, the head of our health benefits "exchange" said her position was created on June 19, 2013 by executive order of the Governor. But that's when Beshear's original ObamaCare order expired under KRS 12.028 and he illegally replaced it (see KRS 12.028(5)). Banahan actually started work at the exchange in May. It's clear she and Beshear see the problem with her employment status.
By next month, Banahan will have been paid a total of $100,000 for a government job that can't legally exist. Restitution should be the least of our expectations.
The need to see this fight through to completion should be obvious. If we go quiet now, precedent will allow governors to create bureaucracies, write laws, levy taxes and spend money without regard for legal processes in place for hundreds of years to protect the voice of the people. We can't go out like this. Please take a moment to contribute to the effort by clicking here and donating what you can to keep this resistance going. Our opponents will be delighted to see me begging for help, which is exactly what I am doing. But they will delight more if we quit. Let's deny them that pleasure.
Jailing all your Facebook friends
Every legislative session in Kentucky features a bill that is so absurd and so over-the-top everyone can agree it should be killed, shredded, burned, scattered and cursed loudly as a warning to future horrible bills to stay out of sight. This year, Gov. Beshear's budget bill is arguably that bill, but there was another introduced yesterday.
House Bill 412 would make it a crime to communicate electronically or otherwise "any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent" or "permits any telecommunications or electronic communication device under his or her control to be used by another person for any purpose prohibited by this section." So essentially if someone posts a dirty joke to your Facebook page, you could both be going to jail.
I would like to be able to tell you this bill was filed by a Democrat, but I can't.
House Bill 412 would make it a crime to communicate electronically or otherwise "any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent" or "permits any telecommunications or electronic communication device under his or her control to be used by another person for any purpose prohibited by this section." So essentially if someone posts a dirty joke to your Facebook page, you could both be going to jail.
I would like to be able to tell you this bill was filed by a Democrat, but I can't.
Monday, February 17, 2014
Huge week for ObamaCare in Kentucky
This is the last week Kentucky legislators can introduce a bill giving the people's approval for Kynect, the state-financed version of ObamaCare. Paying for the health insurance program would become the state's full responsibility on January 1, 2015.
"ObamaCare is the one word analogy for absurd big government overreach people will remember for decades to come," said David Adams, tea party activist. "Kentucky law and the Constitution forbid the Governor from forcing us into this just because he wants to and no one else in Frankfort seems willing to bail him out of his biggest mess."
Federal grants pay through the end of 2014 for much of the local bureaucracy created by the "Affordable Care Act." Implementation has been beset by years of political wrangling and corruption as well as multiple ongoing legal challenges.
"Kentucky law allows the governor to temporarily create new bureaucracies, write new laws and levy new taxes, but the same statute (KRS 12.028) clearly requires legislative approval or those temporary actions quickly expire," Adams said. "The Kentucky Supreme Court will be asked this spring to set this right. If they don't, they render the General Assembly completely obsolete. We have some pretty crappy politicians masquerading as judges in the Commonwealth, but I don't think we are that far gone."
If Kentucky fails to properly create Kynect, responsibility for the "health insurance exchange" reverts to the federal government, as do all government costs. Nearly three dozen other states have already declined to opt in to this very costly scheme and several legal challenges to the Obama Administration's attempt to unilaterally rewrite the law to prevent immediate collapse of a federally-run ObamaCare are making their way to the United States Supreme Court.
"Beshear and Obama need the Kentucky General Assembly to ratify ObamaCare right away or Kentucky officially joins a solid majority of resisting states whose success in killing it off is actually looking more likely all the time," Adams said.
Saturday, February 15, 2014
Beshear's unreported Valentine's Day massacre
Truth took a bloody beating yesterday when Gov. Steve Beshear put crayon to heart-shaped construction paper for his latest profession of undying love for ObamaCare.
His enrollment numbers in Kentucky's version of the increasingly illegal health scheme fail to address both cancellations of policies for nonpayment of premium and policy cards sent to bogus addresses. It is impossible to take these numbers seriously without an independently audited count of such failed "enrollments."
The biggest risk to the government takeover from an insurance perspective is the increasing likelihood that too few young, healthy adults will sign up for ObamaCare policies, sparking a death spiral of premium increases starting in the second year. Federal estimates from the beginning have been that the critical 18 to 34 demographic must make up forty percent of enrollments to keep the overall group of insureds inexpensive enough to assure stable premiums.
Beshear claims 32 percent of insurance purchasers are under 35. Not only does this indicate clearly that the target is being missed by a long shot, but it also shows more Beshear manipulation of facts in that he is counting everyone under 35 and not just those 18 to 35. From an insurance perspective, this makes a huge difference. Clearly, the "young invincible" demographic hasn't fallen for the advertising featuring cats or "pajama boy."
Kentucky's brain dead media continues to flat line the EEG monitor.
His enrollment numbers in Kentucky's version of the increasingly illegal health scheme fail to address both cancellations of policies for nonpayment of premium and policy cards sent to bogus addresses. It is impossible to take these numbers seriously without an independently audited count of such failed "enrollments."
The biggest risk to the government takeover from an insurance perspective is the increasing likelihood that too few young, healthy adults will sign up for ObamaCare policies, sparking a death spiral of premium increases starting in the second year. Federal estimates from the beginning have been that the critical 18 to 34 demographic must make up forty percent of enrollments to keep the overall group of insureds inexpensive enough to assure stable premiums.
Beshear claims 32 percent of insurance purchasers are under 35. Not only does this indicate clearly that the target is being missed by a long shot, but it also shows more Beshear manipulation of facts in that he is counting everyone under 35 and not just those 18 to 35. From an insurance perspective, this makes a huge difference. Clearly, the "young invincible" demographic hasn't fallen for the advertising featuring cats or "pajama boy."
Kentucky's brain dead media continues to flat line the EEG monitor.
Thursday, February 13, 2014
Kentucky Common Core appeal filed
While waiting for a Franklin Circuit judge to reconsider his ruling against our case to get Kentucky out of Common Core, court rules necessitated filing an appeal to the Kentucky Court of Appeals.
The court's adverse ruling on the issue of standing was so far off on the law that the opportunity to ask the court to give it another look was too good to pass up. The problem was that if the judge rejected the motion to reconsider, then the opportunity to appeal would have expired today.
By 4pm today, the court still had not responded with a new order on the motion, so we filed a notice of appeal. The actual appeal brief will be filed in about a week.
The court's adverse ruling on the issue of standing was so far off on the law that the opportunity to ask the court to give it another look was too good to pass up. The problem was that if the judge rejected the motion to reconsider, then the opportunity to appeal would have expired today.
By 4pm today, the court still had not responded with a new order on the motion, so we filed a notice of appeal. The actual appeal brief will be filed in about a week.
Matt Bevin, apologize to McConnell
The sun came up this morning despite a federal judge ruling yesterday that Kentucky's definition of marriage amendment violates the U.S. Constitution. Senate candidate Matt Bevin would do well to make sure the sun does not set tonight without him apologizing for his quick attack on Sen. Mitch McConnell after the ruling became known.
Matt pointed out the judge who made the ruling served years ago as McConnell's general counsel and got his current job with the Senator's endorsement. This clearly scored a few points with some people who already don't like McConnell. So, in a sense, it's "Mission Accomplished."
But that's far from the end of the story and here I think Matt can show clearly how different a candidate he really is.
McConnell started attacking Matt wildly, unfairly and falsely before Matt even got into this race. He has continued that approach because that is who Mitch is, that is what Mitch does and Mitch has nothing else.
Matt has a lot more than that and is more than that. Matt Bevin doesn't need to attack Mitch because of a decades old connection to this judge. It was an easy attack to make in the heat of battle but it does literally nothing to expand Matt's appeal or further diminish the shriveling, shrieking McConnell.
Show everyone the bigger man that you are, Matt, and apologize to McConnell for yesterday's attack. And then roast him for caving once again on the debt ceiling.
Matt pointed out the judge who made the ruling served years ago as McConnell's general counsel and got his current job with the Senator's endorsement. This clearly scored a few points with some people who already don't like McConnell. So, in a sense, it's "Mission Accomplished."
But that's far from the end of the story and here I think Matt can show clearly how different a candidate he really is.
McConnell started attacking Matt wildly, unfairly and falsely before Matt even got into this race. He has continued that approach because that is who Mitch is, that is what Mitch does and Mitch has nothing else.
Matt has a lot more than that and is more than that. Matt Bevin doesn't need to attack Mitch because of a decades old connection to this judge. It was an easy attack to make in the heat of battle but it does literally nothing to expand Matt's appeal or further diminish the shriveling, shrieking McConnell.
Show everyone the bigger man that you are, Matt, and apologize to McConnell for yesterday's attack. And then roast him for caving once again on the debt ceiling.
Wednesday, February 12, 2014
Kentucky will survive same sex marriage
I will be on WEKY 1340 AM Richmond tomorrow at 1:30 pm talking about the federal court ruling today tossing out part of Kentucky's constitutional prohibition on gay marriage. I think it's a huge mistake to portray this as some kind of travesty of justice.
U.S. District Judge John Heyburn said that for Kentucky to refuse to recognize same sex marriages performed elsewhere violates the 14th Amendment of the U.S. Constitution. And it does. The 14th amendment forbids states from denying any person equal protection under its laws. Case law gives some leeway to the states when there is a "legitimate government interest" in violating the rights of some, and Gov. Steve Beshear asserted that interest in this case, but couldn't back it up.
That's the key point.
Treating people unequally under the law also violates Section 2 of the Kentucky Constitution, which is another legal provision Beshear has a lot of trouble understanding. Creating and maintaining strong nuclear families is clearly in society's best interests, but defining and enforcing it by government mandate is not. We need to face the fact that freedom can be messy and uncomfortable without being ruinous. This ruling did not cover performance of same sex marriages in Kentucky, only the recognition of those performed elsewhere. But the next ruling will surely address that. Supporting traditional marriage is still a right, it's just not something we can resolve with the force of law. Protecting freedoms must be the focus of legal efforts and to the extent that it is, social issues such as this can be dealt with in ways that make us stronger. That is our real challenge going forward.
U.S. District Judge John Heyburn said that for Kentucky to refuse to recognize same sex marriages performed elsewhere violates the 14th Amendment of the U.S. Constitution. And it does. The 14th amendment forbids states from denying any person equal protection under its laws. Case law gives some leeway to the states when there is a "legitimate government interest" in violating the rights of some, and Gov. Steve Beshear asserted that interest in this case, but couldn't back it up.
That's the key point.
Treating people unequally under the law also violates Section 2 of the Kentucky Constitution, which is another legal provision Beshear has a lot of trouble understanding. Creating and maintaining strong nuclear families is clearly in society's best interests, but defining and enforcing it by government mandate is not. We need to face the fact that freedom can be messy and uncomfortable without being ruinous. This ruling did not cover performance of same sex marriages in Kentucky, only the recognition of those performed elsewhere. But the next ruling will surely address that. Supporting traditional marriage is still a right, it's just not something we can resolve with the force of law. Protecting freedoms must be the focus of legal efforts and to the extent that it is, social issues such as this can be dealt with in ways that make us stronger. That is our real challenge going forward.
Monday, February 10, 2014
Heads up
I'm going to Frankfort to the Administrative Regulation Review Subcommittee for their illegal hearing on Beshear's ObamaCare Medicaid expansion for the purpose of raising hell.
It's in room 149 of the Capitol Annex at 1:30 pm. Join me?
It's in room 149 of the Capitol Annex at 1:30 pm. Join me?
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