Same-sex marriage (SSM) in Kentucky, the bluegrass state.
1972 to now:
The path towards legalizing same-
Kentucky via the federal and state courts.
- 1972: Two women attempted to marry, were refused a marriage license, and filed a law suit seeking the right to marry. It failed.
- 1998: The Legislature passed a defense of marriage act, banning same-sex marriages in state & recognition of out of state marriages.
- 2004: Voters passed an amendment to the state Constitution to ban same-sex marriages, civil unions, and domestic partnerships.
- 2013-JUL: A gay couple filed a lawsuit Bourke vs. Beshear in federal District Court seeking recognition of their out-of-state marriage in Niagara Falls, ON, Canada about a decade earlier. They were later joined by other married, same-sex plaintiffs.
- 2014-FEB: Judge Heyburn issued a memorandum opinion, and later a ruling requiring Kentucky to recognize of out-of-state same-sex marriages. Ruling is stayed. Two unmarried couples ask to join the lawsuit seeking permission to marry in Kentucky for themselves and other same-sex couples. They are accepted and the case is renamed Love v. Beshear.
- 2014-JUN: The U.S. 6th Circuit Court of Appeals has scheduled a hearing for the District Court case.
- 2014-JUL: District Court Judge John Heyburn issues a ruling in Love v. Beshear, affirming the right of same-sex couples to marry in Kentucky. Ruling is stayed pending appeal.
- 2014-AUG: The 6th U.S. Court of Appeals hears the Love v. Beshear, along with similar cases from three other states.
- 2014-NOV-06. The 6th U.S. Circuit Court of Appeals found same-sex marriage bans in 4 contiguous states to be constitutional! This came as a surprise to many observers because dozens of federal courts had ruled the state bans to be unconstitutional since the high court's ruling in Windsor v. United States during mid-2013.
U.S. District courts had declared SSM bans in Kentucky, Michigan, Ohio, and Tennessee to be unconstitutional because they violate the due process and/or equal protection clauses of the 14th Amendment to the U.S. Constitution. All four cases were appealed to a three-judge panel of the 6th U.S. Circuit Court of Appeals who declared the bans constitutional by a 2:1 vote.
This ruling is expected to be resolved in the future by an appeal to the full 6th Circuit Court or to the U.S. Supreme Court. Although the high court had refused to hear appeals from the 4th, 7th and 10th U.S. Circuit Court of Appeals one month previously, they are much more likely to accept an appeal from the 6th Circuit Court. That is because the U.S. Supreme Court is now faced with a conflict among the Circuit Courts: three have ruled in favor of marriage equality and the 6th has now ruled against. As long as there is agreement among the lower courts, the high court is often reluctant to interfere. But if there is a conflict, the Justices often feel that they have an obligation to intervene to resolve the conflict.
Later in November, Kentucky and the remaining three states affected by the 6th circuit court ruling appealed their case(s) to the U.S. Supreme Court.
Topics covered in this section concerning
recognition in Kentucky of both out-of-state and in-state same-sex marriages:
2014-NOV to now: Impact of the ruling by the Sixth Circuit Court of Appeals:
How you may have arrived here:
Copyright © 2014 by Ontario Consultants on Religious Tolerance.
First posted: 2014-FEB-16
Latest update: 2014-NOV-19
Author: B.A. Robinson