Same-Sex Marriage in Kentucky Now Legal
A federal judge, on Thursday, has signed an order directing officials in Kentucky to immediately recognize same-sex marriages performed in other states and countries.
U.S. District Judge John G. Heyburn II's decision makes the February 12 ruling that the denial of recognition of the marriages violated the constitutional rights of same-sex couples to equal protection under the law, official, reports Reuters.
"We are cautiously optimistic," said Dan Canon, a lawyer for the four gay and lesbian couples who won the case. "The order has been granted without qualification and without a stay."
According to the Guardian, a few hours ahead of Heyburn's release of the order, Kentucky's attorney general, Jack Conway has asked the judge to delay its going into effect by 90 days. This delay would enable him time to decide whether to appeal the ruling or allow the state to prepare to implement the order.
"I have 30 days to determine whether or not to file an appeal in this case, which is why I asked Judge Heyburn for a stay of his order this morning," Conway's statement said. "I will be determining promptly, in consultation with Gov. (Steve) Beshear, whether or not to file an appeal in this case."
Heyburn's order did not mention the request for a stay and he had not ruled on it as of mid-afternoon Thursday, reports ABC News.
This ruling now allows same-sex couples to change their names on official identifications and documents as well as receive the same benefits as a married couple in Kentucky. However, Heyburn's ruling doesn't affect a related lawsuit seeking to force the state to issue marriage licenses to same-sex couples. Final briefings in the marriage license case are due to Heyburn by May 28.
"To the extent [that state laws] deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, those laws violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable," Heyburn wrote in Thursday's two-sentence order.
In Heyburn's original opinion, the federal judge said that portions of Kentucky's voter-approved 2004 state constitutional amendment that defines marriage as between a man and woman violated the US Constitution, reports the Guardian. "It is clear that Kentucky's laws treat gay and lesbian persons differently in a way that demeans them," Heyburn said.