February 28, 2014
First, with the addition of new plaintiffs in the case asking the district court judge to invalidate Kentucky’s ban on same-sex marriages, the case has been re-titled Love v. Beshear. One new plaintiff is named Timothy Love.
Secondly, the court has granted a 21-day stay of its order requiring Kentucky to recognize same-sex marriages performed elsewhere. This week, the state requested a 90-day stay, suggesting that the additional time “will give Defendants time to determine if they will appeal the order, and the Executive Branch time to determine what actions must be taken to implement this Court’s Order if no appeal is taken.”.
The judge’s order granting the stay notes that “the state merely asks for reasonable time to implement the Order. The Court concludes that a limited stay allows the state proper time to administratively prepare for compliance with the Order.” The opinion says it was unclear why 90 days were needed for that purpose. The state will have until March 20 to implement its order requiring recognition of same-sex marriages performed outside of Kentucky.
When the same-sex couples who wanted the state’s ban invalidated entirely requested the opportunity to intervene, they asked the judge for a preliminary injunction to prevent state officials from enforcing the ban. When he allowed them to intervene, he said at the time that the preliminary injunction would be denied, because the case would likely be resolved in months. Today the request was officially denied, meaning that same-sex couples can’t yet get married in the state.
As EqualityOnTrial noted previously, briefing on the intervening couples’ claims, the validity of the state’s ban, will be concluded by May 28.
Thanks to Kathleen Perrin for these filings
For more information on Love v. Beshear (formerly Bourke v. Beshear) from The Civil Rights Litigation Clearinghouse, click here.