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Ky. gay marriage ban nixed
But no weddings yet
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LOUISVILLE, Ky. (AP) — Gay marriage advocates nationwide heralded the ruling striking down deeply conservative Kentucky's ban on same-sex marriage as a significant milestone, though matrimonies won't begin in earnest there anytime soon.

Tuesday's ruling by a federal judge, which said Kentucky's ban violated the Equal Protection Clause of the U.S. Constitution, was put on hold because similar cases from other states are being heard by a federal appeals court. It's unclear when Kentucky may begin issuing marriage licenses.

It's a conundrum that's played out nationwide in the fight to legalize gay marriage: The rulings mark a significant shift as rulings in favor of gay marriage pile up, but confusion emerges as to when those marriages can begin. In Wisconsin, for example, same-sex couples had a window of about a week to get married before a judge ordered officials to stop issuing them marriage licenses. And in Utah, more than 1,000 couples who rushed to marry after a judge overturned that state's ban will have to keep waiting for many legal benefits of being married.

For now, lead plaintiff Timothy Love of Louisville said he will celebrate the latest victory with his partner of 34 years, 55-year-old Larry Ysunza.

"It's a win and we're going to win in the end. Now, the headline is 'Love Wins,'" Love said Tuesday afternoon.

He also said he anticipated a wait: "We all probably have to wait until the Supreme Court makes its decision" on gay marriage bans across the nation.

In the Kentucky case, U.S. District Judge John G. Heyburn II concluded that the state's prohibition on same-sex couples being wed violates the Equal Protection Clause by treating gay couples differently than straight couples. 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.

"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."

Kentucky Gov. Steve Beshear said the state will appeal Heyburn's decision.

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. It's not yet clear if Kentucky's appeal of the latest decision will also be heard in that session.

Plaintiffs' attorney Dan Canon said the appeals court decision would likely determine the fate of Kentucky's ban, regardless of any move by the governor.

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 struck down a key part of the federal Defense of Marriage Act that denied to legally married same-sex couples a range of benefits generally available to married heterosexuals.

Heyburn, an appointee of President George H.W. Bush, dismissed the governor's argument that Kentucky's prohibition encouraged, promoted and supported relationships among people who have the "natural ability to procreate" and a stable birth rate ensures the state's long-term economic stability.

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

Martin Cothran, a senior policy analyst with the Family Foundation of Kentucky, said Heyburn erred in considering same-sex couples "politically powerless" in today's society.

"We're thinking this judge needs to get out a little more," Cothran said. "Or maybe he could just subscribe to a newspaper or possibly turn on the television, where he could see just how politically powerless are the people whose political power helped produce this decision."

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.

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

Raging wildfires in South force evacuations in Tennessee
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Fires blaze on the hills above Dollywood’s DreamMore Resort in Pigeon Forge, Tenn. Tuesday morning. Bruce McCamish Photography | The Covington News

ATLANTA (AP) — Raging wildfires fueled by high winds forced the evacuation of thousands of people and damaged hundreds of buildings in a popular resort town on the border of the Smoky Mountains National Park as National Guard troops arrived early Tuesday to help overwhelmed firefighters.

Rain had begun to fall in some areas, but experts predicted it would not be enough to end the relentless drought that has spread across several Southern states and provided fuel for fires now burning for weeks in states including Tennessee, Georgia and North Carolina.

The storms appeared to be taking aim at the nearly 28,000-acre Rough Ridge Fire in north Georgia and the nearly 25,000-acre Rock Mountain Fire that began in Georgia and then spread deep into North Carolina.

In Gatlinburg, Tennessee, officials said hundreds of homes and other buildings, including a 16-story hotel, were damaged or destroyed by flames. And preliminary surveys indicated that Westgate Resorts, with more than 100 buildings, and Ober Gatlinburg were both likely destroyed, according to a news release Tuesday morning.

Emergency officials ordered evacuations in downtown Gatlinburg and Pigeon Forge and in other areas of Sevier County near the Smoky Mountains while crews continue to battle the blaze, which also had crept to the edge of the Dollywood theme park. About 14,000 residents and visitors were evacuated from Gatlinburg alone, officials said.

No deaths have been reported, though several people were hospitalized with burns, emergency officials said in the news release.

Officials say there are about 1,200 people sheltering at the Gatlinburg Community Center and the Rocky Top Sports Park. Several other shelters have opened to house those forced from their homes. TV broadcasts showed residents streaming out of town just as rain started to wet roads.

Workers at an aquarium evacuated because of the wildfires were concerned about the thousands of animals housed there. Ryan DeSears, general manager of Ripley's Aquarium of the Smokies, told WBIR-TV the building was still standing and all workers had been evacuated late Monday. However, he said workers were anxious to return to check on the well-being of the 10,518 animals.

The rain forecast "puts the bull's-eye of the greatest amounts right at the bull's-eye of where we've been having our greatest activity," said Dave Martin, deputy director of operations for fire and aviation management with the southern region of the U.S. Forest Service.

The projected rainfall amounts "really lines up with where we need it," Martin said Monday. "We're all knocking on wood."

After weeks of punishing drought, any rain that falls should be soaked up quickly, forecasters said. It will provide some relief but won't end the drought — or the fire threat, they said.

Drought conditions will likely persist, authorities said. The problem is that rainfall amounts have been 10 to 15 inches below normal during the past three months in many parts of the South, authorities said.

"I think we racked up deficits that are going to be too much to overcome with just one storm system," said Mark Svoboda, director of the National Drought Mitigation Center in Lincoln, Nebraska.

"I would say it's way too early to say 'Yes, this drought is over,'" Svoboda said. "Does it put a dent in it? Yes, but we have a long ways to go."

The rain also brings danger because strong winds at the leading edge of the storms can topple trees and limbs that can kill and injure firefighters, he said.

In Mississippi, trees were reported downed Monday in nearly 20 counties across the state. Sustained winds of 30 to 40 mph with gusts of more than 50 mph were reported and more than 2 inches of rain fell in some areas.

Power outages peaked at more than 23,000 statewide in Mississippi. Powerlines downed by winds sparked grass fires in four counties, said Greg Flynn, a spokesman for the Mississippi Emergency Management Agency.

The storms moved across Alabama on Monday night and fell on Georgia during the overnight hours. High wind warnings were issued for mountainous areas in northern parts of Georgia.

In South Carolina, the stormy forecast was giving hope to firefighters battling a blaze in the northwest corner of the state. The South Carolina Forestry Commission hopes to contain the Pinnacle Mountain fire by the middle of next week.
More rain was expected Tuesday night and Wednesday morning in parts of Louisiana, Mississippi and Alabama.
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Fuller reported from New Orleans. Associated Press writers Rebecca Yonker in Louisville, Kentucky; Jeff Amy in Jackson, Mississippi; Beth Campbell in Louisville, Kentucky; and Jack Jones in Columbia, South Carolina, contributed to this report.