U.S. District Judge John G. Heyburn II in Louisville ordered the 21-day delay in his decision to void a voter-imposed ban on state recognition of same-sex unions after concluding that officials need time to study his findings and implement policies and procedures.
“The public interest is twofold: that the Constitution be upheld; and that changes in the law be implemented consistently without undue confusion,” Heyburn wrote in a three-page order. “Confusion could result from state or local officials being unaware of their precise responsibilities. However, the implementation of the order without confusion is possible with reasonable effort.”
The delay came one day after Heyburn issued an order making final his Feb. 12 opinion that Kentucky’s ban on recognizing same-sex marriages violated the Constitution’s equal-protection clause because it treated “gay and lesbian persons differently in a way that demeans them.”
The ruling arose from a lawsuit filed by two couples who were married in other states or countries over the past 10 years. The couples sought to force the state to recognize their unions as legal. Heyburn’s ruling does not require the state to issue marriage licenses to same-sex couples; that is the subject of a separate, but related lawsuit. Heyburn expects to rule on that issue by summer.
Kentucky sought to delay implementation of Heyburn’s ruling for up to 90 days and told Heyburn during a 30-minute conference call on Friday that time was needed to review the ruling and put new policies in place.
Assistant Attorney General Clay Barkley told Heyburn that the delay in implementation would not affect any decision on whether to appeal the ruling. Barkley said an appeal is still under consideration. The state has 30 days from when Heyburn handed down the final ruling to file a notice of appeal.
Martin Cothran, a spokesman for The Family Foundation of Kentucky, which opposes same-sex marriage, criticized Attorney General Jack Conway for not immediately appealing Heyburn’s ruling and seeking a stay while a higher court reviews the case.
“The Attorney General needs to fish or cut bait,” Cothran said. “And he needs to act now to protect the rights of Kentucky voters. Unelected federal judges like the judge in this case are taking important social issues out of the hands of voters and forcing citizens to be spectators in their own democracy.”
Clerks of court are awaiting direction from state officials on what to do next, said Nore Ghibaudy, a spokesman for the Jefferson County Clerk.
“Whatever it is, we’d have no problem doing it,” Ghibaudy said.
It was unclear how many people would seek to immediately take advantage of the rights recognized in the rulings.
“I imagine we’re talking about pretty small numbers,” Heyburn said.
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