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Notice of appeal filed in Kentucky marriage equality case

LGBT Legal Cases Marriage equality Marriage Equality Trials

Kentucky state sealKentucky Governor Steve Beshear has filed his notice of appeal in the challenge to the state’s refusal to recognize same-sex marriages performed outside the state. A federal district court judge struck down that portion of the state’s anti-gay marriage laws last month. Kentucky’s attorney general, Jack Conway, declined to appeal the decision, but Governor Beshear hired outside counsel to work on the appeal.

The judge granted a stay of his order requiring recognition of the couples’ out-of-state marriages for 21-days, but the governor has requested an extension of the stay pending the outcome of the appeal. Since the initial decision, same-sex couples have sought and been granted intervention in the case to challenge the state’s ban on same-sex marriage itself. Briefing on that issue will be completed in district court by May 28.

The case will go to the Sixth Circuit Court of Appeals, where a marriage equality case from Ohio is also awaiting review. That case involves recognition of marriages performed outside the state for purposes of recording death certificates.

Thanks to Kathleen Perrin for this filing

For more information on Love v. Beshear (formerly Bourke v. Beshear) from The Civil Rights Litigation Clearinghouse, click here.

11 Comments

  • 1. Ragavendran  |  March 18, 2014 at 2:46 pm

    And Tennessee follows suit: http://www.huffingtonpost.com/2014/03/18/tennesse

    The Tennessee preliminary injunction has been the narrowest one to be granted, and still they want that to be stayed? Sheesh! I don't see Judge Trauger granting the stay request. And they want her to grant a 21-day stay if she refuses to grant the stay pending appeal. They argue this will allow the Sixth Circuit enough time to consider a similar motion to stay. Well, at least, they're not screaming "Emergency! Emergency!" like Utah did.

  • 2. Scottie Thomaston  |  March 18, 2014 at 3:18 pm

    I wrote that one up and posted it just after this one. Thought it'd be faster to just do it that way instead of writing one long post with both cases.

  • 3. Ragavendran  |  March 18, 2014 at 3:21 pm

    Agreed. Also, better to keep the two threads separate. Poor 6th Circuit Judges. They're gonna be sitting there going "Sh*t". And then there's Michigan (in a week or two).

  • 4. Scottie Thomaston  |  March 18, 2014 at 3:27 pm

    Hahaha yeah, doesn't look like they're gonna avoid controversy any time soon. Well to the extent marriage equality is even 'controversial' anymore.

  • 5. Zack12  |  March 18, 2014 at 3:43 pm

    I understand why the governor is appealing it but it doesn't make it any less sickening that our rights are a political game once again.

  • 6. Marriage Equality Round-U&hellip  |  March 19, 2014 at 8:55 am

    […] USA, Kentucky: Also in the state, Governor Steve Beshear officially appealed the recent marriage equality recognition decision yesterday. full story […]

  • 7. Breaking: Federal Judge P&hellip  |  March 19, 2014 at 1:58 pm

    […] on recognition will go into effect, or if the appeal, which will be heard in the Sixth Circuit, along with an Ohio case, will have to be heard […]

  • 8. Luke  |  March 27, 2014 at 3:12 pm

    Absolutely, It's not right that OUR RIGHTS are continuing to be used as part of a political chess game.

  • 9. Lionel  |  April 10, 2014 at 4:15 am

    This is very touching story.Thank you for the post.Even you loss in your fight, if you know that you are in the good side.Never give up and still fight for what is right!Kudos!

  • 10. Equality On TrialFederal &hellip  |  August 7, 2014 at 12:41 am

    […] The federal judge who ruled in favor of same-sex couples in a challenge to Kentucky’s refusal to recognize the marriages of same-sex couples performed outside of the state has granted Governor Beshear’s request to extend the stay of that decision pending the outcome of the Sixth Circuit appeal. […]

  • 11. Equality On TrialNotice o&hellip  |  August 7, 2014 at 12:47 am

    […] The appeal will be filed in the Sixth Circuit Court of Appeals, a court that’s set to hear similar cases from Ohio and Kentucky. […]

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