UPDATED: Judge: Final order requiring Ky. to recognize same-sex marriages expected within 24 hours

[DonViejo]

Source: Lexington Herald Leader

LOUISVILLE — A federal judge said Wednesday that he's prepared to issue a final order within 24 hours that would require Kentucky to immediately recognize same-sex marriages performed outside the state.

In response, lawyers for the attorney general's office told U.S. District Judge John G. Heyburn II at a hearing that the state would "very promptly" decide whether to appeal the opinion. Gov. Steve Beshear and Attorney General Jack Conway, both Democrats, are the defendants in the lawsuit.

Heyburn told lawyers in the case that his final order will not include a stay postponing it from taking effect. That could create "some confusion" among Kentuckians who immediately seek legal benefits stemming from their same-sex marriages if the state appeals, Heyburn warned.

Heyburn issued a preliminary ruling earlier this month striking down portions of a 1998 state law and a 2004 state constitutional amendment defining marriage in Kentucky as between one man and one woman, and prohibiting the recognition of same-sex marriages from states where they are legal. The Fourteenth Amendment to the U.S. Constitution requires each state to respect basic civil rights, Heyburn ruled at the time.




Read more: http://www.kentucky.com/2014/02/26/3109686/judge-final-order-requiring-ky.html

---

Update:

Gay marriages recognized in Kentucky for now

Feb. 27, 2014 1:55 PM

At least for now, Kentucky must recognize same-sex marrriages performed in states where it is legal.

U.S. District Judge John G. Heyburn today 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 today, Attorney General Jack Conway’s office asked Heyburn to stay enforcement of his ruling, but Heyburn did not address that motion and for now his ruling goes into effect.

more
http://www.courier-journal.com/article/20140227/NEWS10/302270034/Gay-marriages-now-recognized-Kentucky?nclick_check=1

[Stonepounder]

1. Yippie! Dragging KY, kicking and screaming into the 20th century!

And yes, I mean 20th century. Being a proud Kentuckian and knowing lots of good and caring Kentuckians, I also know too many who are still stuck in the 19th century.