Kentucky’s gay marriage case will go before a GOP-leaning panel next month. The 6th U.S. Circuit Court of Appeals in Cincinnati is made up of two Republican appointees and one Democratic.
Appellate judges Jeffrey Sutton and Deborah Cook were appointed by President George W. Bush. The Courier-Journal reports Sutton’s nomination was adamantly opposed by liberal groups. In March, he wrote in Harvard Law Review “Count me as a skeptic when it comes to the idea that this day and age suffers from a shortage of constitutional rights.”
The other judge considering Kentucky’s case is Martha Craig Daughtrey, appointed by President Bill Clinton.
Legal experts are quick to note that district judges from both parties have struck down gay marriage bans. And Sutton, whose nomination was so fiercely opposed by liberals, wrote the first federal appeals court decision upholding the Affordable Care Act.
Lawyers for Governor Beshear are asking the appeals court to reverse rulings from U.S. District Judge John Heyburn that Kentucky must recognize out-of-state gay marriages and allow them to be performed in Kentucky.
The same panel on August 6 will take up similar cases from Tennessee, Ohio, and Michigan.
A federal judge has ruled that Kentucky’s ban on same-sex marriage is unconstitutional, a decision that could pave the way for same-sex couples to get married in the state.
Federal Judge John Heyburn ruled Tuesday that the state’s 2004 constitutional ban on same-sex marriage violates the U.S. Constitution’s equal protection clause, calling the state’s counter argument that gay couples can’t contribute to the state’s economic well being because they can’t procreate “illogical” and “bewildering.”
Dan Cannon is an attorney for the couples involved in the suit. He tells Kentucky Public Radio it’s only a matter of time before Kentucky joins 19 states that have legalized same-sex marriages.
“We’re excited about the ruling and we’re optimistic about it, and we’re optimistic that same-sex couples will in the very near future be able to get marriage licenses in Kentucky,” said Cannon.
In a statement, Gov. Steve Beshear says he plans to appeal Heyburn’s ruling in the Sixth Circuit Court of Appeals.
A federal judge has struck down Indiana's ban on gay marriage, calling it unconstitutional.
U.S. District Judge Richard Young ruled Wednesday that the state's ban violates the U.S. Constitution's equal-protection clause in a mixed ruling involving lawsuits from several gay couples.
It wasn't immediately clear whether the ruling means same-sex marriages can begin in the state.
The Indiana attorney general's office says it will appeal.
Federal courts across the country have struck down gay marriage bans recently, but many of those rulings are on hold pending appeal. Attorneys on both sides of the issue expect the matter to eventually land before the U.S. Supreme Court.
It also wasn't immediately clear what impact Wednesday's ruling might have on a faltering movement to add a gay marriage ban into the Indiana Constitution.
Same-sex Kentucky couples are heading to the commonwealth's only contiguous state that allows same sex marriage to make their unions legal.
Illinois began issuing marriage licenses for the first time officially on June 1.
Massac County Clerk John Taylor says the office has been busy, issuing at least 20 licenses in May, ahead of the state deadline, most of which he says came from out of state.
“It’s busy because we’re getting a lot of questions, a lot of phone calls," said Taylor. "We have issued a bunch about 14 or 15 marriages and we already issued six yesterday, from Tennessee, Kentucky, we’ve had some from Florida.”
Taylor said the office issued six this morning, including Kentuckians Hunter Fawks and Seth Stewart who drove over six hours from Ashland to pick up their licenses.
Indiana Republicans will vote next month on a provision in their party’s platform that would reintroduce language about “traditional marriage.”
The Indiana GOP eliminated the language regarding traditional marriage in 2012. But party delegates last week decided to reintroduce the issue to the party platform. Republican delegates next month will vote on whether to add the following language to their platform: “We believe that strong families, based on marriage between a man and a woman, are the foundation of society.”
Not all Hoosier State Republicans back the effort to reintroduce marriage language into the party’s platform. The Indianapolis Star-Tribune quotes GOP delegate Megan Robertson—who is gay—as saying the effort is “bad for the Republican Party.”
While the proposed platform also contains language that recognizes “diverse” family structures, Robertson says the platform should focus on issues that unite the party, as opposed to dividing it.
Those backing the platform say it contains recognition of “blended families, grandparents, guardians, and loving adults” who raise children.
A federal judge has ordered Kentucky to pay $70,000 in attorney's fees to the plaintiffs in a lawsuit that resulted in the recognition of out-of-state same-sex marriages.
U.S. District Judge John G. Heyburn II on Wednesday immediately put the order on hold, though, pending the result of an appeal of his ruling in the case.
Heyburn concluded that the lawsuit brought by two couples who were married in other states or countries over the past 10 years and sought to force Kentucky to recognize their unions was novel and difficult. Heyburn ruled that the plaintiffs' attorneys showed "considerable skill" in winning the case and the fees requested were reasonable.
Heyburn's decision to recognize out-of-state marriages is on hold until the U.S. 6th Circuit Court of Appeals rules on the case.
The legal counsel hired by Gov. Steve Beshear argues out-of-state gay marriages should not be recognized, because doing so does not promote natural procreation between a man and a woman and therefore threatens Kentucky's economic stability.
The legal brief was filed as the state appeals a federal judge’s ruling from February, striking down part of Kentucky’s constitutional ban on gay marriage. Chris Hartman, director of the Kentucky Fairness Campaign says the “procreation” argument is one that was used a generation ago.
“It’s an embarrassing and ludicrous regurgitation of some really archaic talking points," said Hartman. "It’s shocking that the governor would allow the legal team to use them.”
Judge John Heyburn’s ruling earlier this year declared Kentucky’s gay marriage ban violated the equal protection clause. The brief filed by Beshear’s legal team argues that because same-sex partners can’t naturally procreate, they aren’t entitled to equal treatment under the state’s marriage laws.
Indiana must recognize a gay couple’s out-of-state marriage for at least a few days more as a federal judge considers whether to extend an April order requiring the state to acknowledge the union.
U.S. District Judge Richard Young heard arguments Friday in Evansville on a request that the state recognize the 2013 Massachusetts marriage of Niki Quasney and Amy Sandler of Munster. Quasney is terminally ill with advanced ovarian cancer, and the couple fears Sandler’s ability to collect Social Security and other death benefits would be harmed if their marriage isn’t recognized.
Young granted the couple a temporary restraining order last month, but it is set to expire Thursday.
Attorneys for the state say there are other legal ways for Sandler to obtain property benefits after Quasney dies.
Indiana law defines marriage as between one man and one woman. The state does not recognize same-sex marriages or civil unions conducted in other states.
Kentucky Gov. Steve Beshear signed a $100,000 contract with a private law firm from Ashland to represent him in appealing a judge's decision allowing state recognition of same-sex marriages.
Beshear announced Thursday that the state reached the deal with the firm of VanAntwerp, Monge, Jones, Edwards & McCann. The 11-member practice also has an office in Frankfort.
The attorneys will handle Beshear's appeal of a decision to overturn parts of a 2004 state constitutional amendment that barred recognition of same-sex marriages performed in other states and countries.
Unless a federal appeals court steps in and halts the ruling, the state will have to start allowing same-sex couples to change their names on official identifications and documents and obtain any other benefits of a married couple in Kentucky on March 20.
Gov. Steve Beshear says his appeal of a judge's order to recognize same-sex marriages is meant to clarify the law. Beshear acknowledges that marriage equality supporters are disappointed with his decision to mount an appeal, even though Attorney General Jack Conway has opted not to.
Beshear says the appeal is needed to get the matter settled as quickly as possible and without Conway on the case, Beshear has sent out a request for proposals for attorneys to handle the state’s appeal.
While he refuses to state his personal opinion on gay marriage, Beshear contends that an appeal is the quickest way to get the matter settled, and that he and Conway simply reached different conclusions.
“We had a lot of conversations about this issue, and as I said, he wrestled with it, and I wrestled with it,” said Beshear. “We ended up coming to different conclusions. And I respect the decision he made, and I think he respects mine.”