STATUS: Anti-relationship recognition constitutional amendment; a federal judge has ruled that the state must respect marriages between same-sex couples legally performed in other states and that same-sex couples must have the freedom to marry in the state. The decisions are now on appeal to the 6th Circuit Court of Appeals, with the rulings stayed. WHAT'S HAPPENING: On July 1, 2014, U.S. District Judge John G. Heyburn II ruled in favor of the plaintiffs in a federal lawsuit seeking the freedom to marry. The decision came just a few months after he ruled that Kentucky must respect the marriages of same-sex couples legally performed in other states. Both decisions are stayed pending further action from the U.S. Circuit Court of Appeals for the 6th Circuit. Gov. Beshear sought outside counsel to appeal the ruling, since KY Attorney General Jack Conway has said that the marriage ban is indefensible and that he would not appeal Judge Heyburn's decision. The rulings were in Love v. Beshear and Bourke and Deleon v. Beshear, a federal lawsuit filed by private lawyers in July 2013. Read more about marriage litigation in Kentucky. As the case makes its way up through the courts, Kentucky residents across the state will continue to do the work of having conversations about why marriage matters and creating a climate for victory. They are continuing to speak out in favor of equality, working to overturn anti-marriage laws in the state so that all same-sex couples can share in the freedom to marry. LOUISVILLE, Ky. — A federal judge in Kentucky has struck down the state’s ban on same-sex couples getting licenses and marrying in the state.
However, Tuesday’s ruling was temporarily put on hold because it will be appealed, meaning it is not yet clear when same-sex couples could be issued marriage licenses. U.S. District Judge John G. Heyburn in Louisville concluded in Tuesday’s ruling that the state’s prohibition on same-sex couples being wed violates the Equal Protection Clause of the U.S. Constitution 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 put the implementation of that ruling on hold. That decision did not deal with whether Kentucky would have to issue marriage licenses to same-sex couples.
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