North Carolina Gives up the Fight Against Same-Sex Marriages
North Carolina Gives up the Fight Against Same-Sex Marriages
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Court Denies Atheist Complaint: the Ground Zero Cross Stays
Florida Rules Against Same-Sex Marriage Ban
Florida Rules Against Same-Sex Marriage Ban
Washington DC Handgun Ban Judged Unconstitutional
Washington DC Handgun Ban Judged Unconstitutional
Your profile matches an open legal position. Apply now!
Job Listings

Federal Court Compels Kentucky to Recognize Out-of-State Same-Sex Marriages

facebooktwittergoogle_plusredditpinterestlinkedinmail

U.S. District Judge John G. Heyburn II in the Western District of Kentucky at Louisville has struck down Kentucky’s constitutional and statutory provisions that excluded same-sex couples married out-of-state from state recognition and marriage benefits available to opposite-sex couples who were similarly situated and married out-of-state.

Same-sex marriage bans have been similarly struck down recently by federal courts in Oklahoma, Utah, Ohio, California and other states, while the Supreme Court of New Mexico also struck down same-sex marriage bans on similar grounds.

The judge wrote “While Kentucky unquestionably has the power to regulate the recognition of civil marriages, those regulations must comply with the Constitution of the United States …”

In summing up the issue before the court, Judge Heyburn observed the issue was whether Kentucky could justifiably deny those in same-sex marriages the benefits it currently awards to opposite-sex spouses.

What

 job title, keywords

Where

 city, state, zip



Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!


And in clarifying popular misconceptions about the issue, the court observed, “For those not trained in legal discourse, the questions may be less logical and more emotional. They concern issues of faith, beliefs and traditions. Our Constitution was designed both to protect religious beliefs and prevent unlawful government discrimination based upon them.”

Commenting that the plaintiffs were average stable American families, the court struck down Kentucky’s denial of recognition for valid same-sex marriage as it violates the guarantee of equal protection under the law enshrined in the Fourteenth Amendment of the United States Constitution.

The court pointed out that certain federal protections are available only to couples whose marriage is legally recognized by their home state: “For example, a same-sex spouse in Kentucky cannot take time off work to care for a sick spouse under the Family Medical Leave Act. 29 C.F.R. § 825.122(b). In addition, a same-sex spouse in Kentucky is denied access to a spouse’s social security benefits. 42 U.S.C. § 416(h)(1)(A)(i). No one denies these disparities.”

While striking down Kentucky’s laws, Heyburn observed, it will, “make real the promise of equal protection under the law. It will profoundly affect validly married same-sex couples’ experience of living in the commonwealth and elevate their marriage to an equal status in the eyes of the state law.”

Federal Court Compels Kentucky to Recognize Out-of-State Same-Sex Marriages by
facebooktwittergoogle_plusredditpinterestlinkedinmail

Tagged: , , ,

Posted by on February 13, 2014. Filed under Legal News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Sr. Legal Specialist - Labor & Employment Practices
USA-VA-Richmond

Altria Group is a FORTUNE 200 company that owns the premier tobacco companies in the United States including Philip Morris USA, U.S. Smokeless Tobacco Company, John Middleton and Nu Mark. The companie...