Same-sex couples in Kentucky seeking to invalidate state’s same-sex marriage ban are allowed to intervene in district court
February 27, 2014
Same-sex couples in Kentucky are trying to have the state’s same-sex marriage ban invalidated in federal district court, after the judge struck down the parts of state law preventing same-sex marriages legally performed outside the state from being recognized. The judge has granted the request, and has issued a briefing schedule:
Answer to Intervening Complaint on or before March 19, 2014
Motion and Memorandum for Relief by Plaintiffs on or before April 18, 2014
Response to any motions by Plaintiff or other Amicus Parties on or before May 19, 2014
Reply to any motions by Plaintiff on or before May 28, 2014
Earlier today, the final order in the judge’s earlier decision went into effect. That order only applied to same-sex marriages performed outside of Kentucky. The state hasn’t yet announced if it will appeal the order.
In his opinion, the judge noted that while he wasn’t ruling on the validity of the state’s ban, the Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the federal Defense of Marriage Act (DOMA) “suggests a possible result” in a potential direct challenge to the ban. Intervention by the other same-sex couples will allow the judge to consider the validity of Kentucky’s ban directly.
The new plaintiffs’ complaint is here. The complaint alleges that “[t]he Defendants’ refusal to issue Plaintiffs a marriage license violates the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, as determined by this Court in its Feb. 12, 2014 Opinion, other appropriate binding precedent, and virtually every court in the country to decide the issue in recent history.”
The case is Bourke v. Beshear.
Thanks to Kathleen Perrin for these filings
For more information on Bourke v. Beshear from The Civil Rights Litigation Clearinghouse, click here.