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Kentucky

Federal judge issues order requiring Ky. to recognize same-sex marriages

Thursday, February 27, 2014

LOUISVILLE, Ky. — A federal judge has issued an order requiring the state of Kentucky to recognize same-sex marriages performed in states where it is legal.

U.S. District Judge John G. Heyburn II

U.S. District Judge John G. Heyburn II

U.S. District Judge John G. Heyburn on Thursday made final a ruling issued earlier this month in which he found that Kentucky’s marriage amendment and statutes violate the right to equal protection under the law.

“Those laws … are void and unenforceable,” he said in a one page order.

Earlier Thursday, Attorney General Jack Conway asked Heyburn to stay enforcement of his ruling while the state considers whether it will appeal, but Heyburn did not address that motion and for now his ruling goes into effect.

Earlier this month, Heyburn concluded that the ban, which has been in place since 2004, treated “gay and lesbian persons differently in a way that demeans them.”

Under the ruling, married same-sex couples living in Kentucky would be allowed change their names on official identifications and documents and obtain any other benefits available to married couples in the state.

Heyburn’s ruling doesn’t affect a related lawsuit seeking to force the state to issue marriage licenses to same-sex couples.

Developing story, check back for updates.

Associated Press contributed to this report.
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59 more reader comments:

  1. I thought the AP withdrew this story since it wasn’t true. Did things change again? Hope so…

    Posted on Thursday, February 27, 2014 at 7:05pm
  2. This is great since I live in Kentucky

    Posted on Thursday, February 27, 2014 at 7:06pm
  3. NO There is NO Stay on Appeal on this Ruling It is going STRAIGHT INTO EFFECT!

    Posted on Thursday, February 27, 2014 at 7:06pm
  4. Joseph Krimple

    Posted on Thursday, February 27, 2014 at 7:06pm
  5. As weird as this may sound, I’m starting to smell equality and it smells really good. I wish there was a love button because I’m lovin this. :)

    Posted on Thursday, February 27, 2014 at 7:08pm
  6. Same =)

    Replied on Thursday, February 27, 2014 at 7:44pm
  7. Good. I never understood the idea that I’m married in Iowa but single in AR. If I had stolen a car in Iowa I’d still be a felon when I came home to AR! How can you have 2 different legal statuses?!

    Posted on Thursday, February 27, 2014 at 7:09pm
  8. Study "state's rights." That explains it.

    Replied on Thursday, February 27, 2014 at 8:20pm
  9. Study Full Faith and Credit Clause: The duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." that should explain it.

    Replied on Thursday, February 27, 2014 at 8:31pm
  10. The FFCC is dubious as to covering this unfortunately. There are other things done by states that other states don't recognize reciprocally, even though they are public licenses or records. For example, a concealed carry permit. In theory Elizabeth is right, but in practice there are many exceptions.

    Replied on Thursday, February 27, 2014 at 9:23pm
  11. Marriage is generally governed by state law, except when the feds see a civil rights violation as in the Loving case. I think the day will come soon when the feds will say that states must recognize marriages of other states. We are really on a roll here

    Replied on Thursday, February 27, 2014 at 10:45pm
  12. We got married in the state of Washington but we live in Oregon, which does not have marriage equality *yet* - 2 weeks after we got married, Oregon announced that it would recognize same-sex marriages that were legally performed in other states. Oregon will have it soon too

    Replied on Thursday, February 27, 2014 at 10:46pm
  13. That’s awesome. I’m happy to hear this.

    Posted on Thursday, February 27, 2014 at 7:09pm
  14. YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS

    Posted on Thursday, February 27, 2014 at 7:10pm
  15. And another domino falls.

    Posted on Thursday, February 27, 2014 at 7:13pm
  16. I was like why does KY Jelly have to recognize same-sex marriage? I’m having one of those days lol. Yes, I realize it’s Kentucky. More coffee!!!

    Posted on Thursday, February 27, 2014 at 7:13pm
  17. Awesome!!!!!* :)

    Posted on Thursday, February 27, 2014 at 7:14pm
  18. Good news; it’s not going to go over very well. But equality in Kentucky sounds more like what I know my home state to truly be.

    Posted on Thursday, February 27, 2014 at 7:15pm
  19. ah man thats so good finally #justice4travon

    Posted on Thursday, February 27, 2014 at 7:16pm
  20. final e a reel niga

    Replied on Thursday, February 27, 2014 at 7:38pm
  21. #justice4travon

    Posted on Thursday, February 27, 2014 at 7:18pm
  22. Its still an issue because someone married in California can them move to Kentucky and have the marriage recognized by the state, but the Citizens of Kentucky cannot have a marriage in the state and be recognized. Still a bit of a mess, but getting better.

    Posted on Thursday, February 27, 2014 at 7:19pm
  23. #justice4trayvon preach it niqqaa

    Posted on Thursday, February 27, 2014 at 7:19pm
  24. fuk dat gay shit mah niguh ya feel me
    shit be against the #lord

    Posted on Thursday, February 27, 2014 at 7:28pm
  25. Learn to spell.

    Replied on Thursday, February 27, 2014 at 7:30pm
  26. lurn 2 not be a racis azz bich chek ya privlaj ho

    Replied on Thursday, February 27, 2014 at 7:31pm
  27. How can I be racist if I voted for Obama?

    Replied on Thursday, February 27, 2014 at 7:32pm
  28. u think dat niga represant us all c das y u a racis mufuka

    Replied on Thursday, February 27, 2014 at 7:33pm
  29. People like you Deshaun Williams is the reason Racism exist.

    Replied on Thursday, February 27, 2014 at 7:33pm
  30. ron paul biiiiiiiich

    Replied on Thursday, February 27, 2014 at 7:33pm
  31. fuk u honkey yo bich dreeemz bout mah bbc nigga

    Replied on Thursday, February 27, 2014 at 7:34pm
  32. Go back to school

    Replied on Thursday, February 27, 2014 at 7:36pm
  33. y don u go bak ta bein a fat bich

    Replied on Thursday, February 27, 2014 at 7:36pm
  34. good job

    Replied on Thursday, February 27, 2014 at 7:36pm
  35. Deshaun, Loqueesha called she keepin' today's money and said she movin' in with her girlfriend lol

    Replied on Thursday, February 27, 2014 at 7:49pm
  36. fuuuuuuuuuuk i ges im fina go get suma dem sororitee gurlz drunk den nigga fina stil get it wet ;)

    Replied on Thursday, February 27, 2014 at 7:52pm
  37. Awesome

    Posted on Thursday, February 27, 2014 at 7:32pm
  38. You’re an idiot…she said nothing that was racist. I would think that black people would be more understanding of the importance of equality…hmmmm. You say it’s against the Lord?? Hmmm. Think you need an education in the bible.

    Posted on Thursday, February 27, 2014 at 7:34pm
  39. Thank you.

    Replied on Thursday, February 27, 2014 at 7:35pm
  40. Racism against black people stemmed from the bible saying that people that were dark skinned were marked by the Lord…

    Posted on Thursday, February 27, 2014 at 7:35pm
  41. And calling her names, isn’t that against the Lord? Hmmm….

    Posted on Thursday, February 27, 2014 at 7:36pm
  42. Not sure if he ever went to begin with…

    Posted on Thursday, February 27, 2014 at 7:37pm
  43. Or he probably dropped out.

    Replied on Thursday, February 27, 2014 at 7:44pm
  44. And another state falls into the category of justice and equality!!! We are getting there! We are overcoming!!!! Yay!

    Posted on Thursday, February 27, 2014 at 7:37pm
  45. Why are you even trolling on this site? Perhaps you need a job, or a hobby…something that can teach you how to be a productive member of society

    Posted on Thursday, February 27, 2014 at 7:38pm
  46. Needs a good shag, but not much chance of a poke with a face like that

    Replied on Thursday, February 27, 2014 at 7:47pm
  47. Finally somebody in the state of Kentucky with some common sense.

    Posted on Thursday, February 27, 2014 at 7:40pm
  48. Don’t feed the troll!

    Posted on Thursday, February 27, 2014 at 7:40pm
  49. No kidding….congrats to those who this affects! Much love!

    Posted on Thursday, February 27, 2014 at 7:40pm
  50. Kentucky eh? It doesn’t surprise me that they’d not recognize gay marriage, but now they HAVE to. Good!

    Posted on Thursday, February 27, 2014 at 7:46pm
  51. Looks to me like a smart federal judge!

    Posted on Thursday, February 27, 2014 at 7:58pm
  52. Live an hour and a half away love it!!!

    Posted on Thursday, February 27, 2014 at 8:06pm
  53. great.

    Posted on Thursday, February 27, 2014 at 8:21pm
  54. ar will be that last one for same sex marriage

    Posted on Thursday, February 27, 2014 at 8:23pm
  55. Bonjour, je viens de créer ma page un petit J’aime serai cool https://www.facebook.com/pages/Tout-ce-que-les-homos-aiment/593453597409219

    Posted on Thursday, February 27, 2014 at 8:44pm
  56. This is good. This is what the court system is meant to do, test laws by the constitutional standard and strike down the ones that are against it.

    Posted on Thursday, February 27, 2014 at 9:08pm
  57. haha now the states are scared since texas did the same thing XD

    Posted on Thursday, February 27, 2014 at 9:09pm
  58. Well, KY is key to many same-sex marriages… and more than a few opposite-sex ones too! :D

    Posted on Thursday, February 27, 2014 at 9:22pm
  59. Baby steps. But still good steps.

    Posted on Thursday, February 27, 2014 at 9:51pm