Same-sex marriage now legally recognized in Ky

U.S. District Judge John G. Heyburn II issued a final order throwing out part of the state’s ban on gay marriages. It makes official his Feb. 12 ruling that Kentucky’s ban on same-sex marriages treated “gay and lesbian persons differently in a way that demeans them.”

Same-sex couples may change their names on official identifications and documents and obtain any other benefits of a married couple in Kentucky.

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

Dawn Elliott, an attorney for one of the couples pursuing recognition of a marriage performed in Canada, praised the ruling.

“It’s a great day to be from the commonwealth of Kentucky,” Elliott said. “I hope that the attorney general and governor that I voted for don’t jump on the appeal bandwagon.”

It was unclear if or how many people would seek to immediately take advantage of the rights recognized in the rulings.

Nore Ghibaudy, a spokesman for the Jefferson County clerk, said until the state issues a directive notifying clerks of the legal change, no same-sex name changes or other legal documents will be issued.

“We have to follow the law until we hear otherwise,” Ghibaudy said. “Whatever it is, we’d have no problem doing it.”

Kentucky Attorney General Jack Conway said in a statement late Thursday afternoon that he was reviewing Heyburn’s 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.”

Martin Cothran, a senior policy analyst for the Family Foundation of Kentucky, criticized Conway’s handling of the case, accusing him of “spiking” the state’s defense by not making persuasive arguments to keep the ban in place.

“The Attorney General’s office was clearly not intending to do its job. It only did what it was supposed to do after someone shed light on the fact that he was about to take one more action that favored those who are trying to disenfranchise Kentucky voters on the issue of marriage,” Cothran said.

The decision comes against the backdrop of similar rulings or actions in other states where same-sex couples have long fought for the right to marry. Kentucky’s constitutional ban was approved by voters in 2004 and included the out-of-state clause.

On Wednesday, a federal judge in Texas struck down that state’s gay marriage ban but immediately delayed the implementation of his ruling pending appeals by the state.

The Kentucky ruling came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their marriages performed outside Kentucky.

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