UPDATE 7/1/14 @ 1:30 p.m.
LOUISVILLE, Ky. (AP) -- A federal judge in Kentucky has struck down the state's ban on same-sex couples getting licenses and marrying in the state.
However, Tuesday's ruling was temporarily put on hold because it will be appealed, meaning it is not yet clear when same-sex couples could be issued marriage licenses.
U.S. District Judge John G. Heyburn in Louisville concluded in Tuesday's ruling that the state's prohibition on same-sex couples being wed violates the Equal Protection Clause of the U.S. Constitution by treating gay couples differently than straight couples.
Heyburn previously struck down Kentucky's ban on recognizing same-sex marriages from other states and countries, but put the implementation of that ruling on hold.
That decision did not deal with whether Kentucky would have to issue marriage licenses to same-sex couples.
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.
Beshear's announcement on Tuesday came moments after Attorney General Jack Conway said he would not ask a higher court to review the decision.
Both are Democrats.
Their moves come four days after a federal judge in Louisville gave the state 21 days to implement a ruling overturning a voter-imposed ban on recognizing same-sex unions.
U.S. District Judge John G. Heyburn issued a Feb. 12 opinion that Kentucky's ban on recognizing same-sex marriages violated the Constitution's equal-protection clause in the 14th Amendment because it treated "gay and lesbian persons differently in a way that demeans them."
Statement issued by Beshear:
General Conway has advised me that he will no longer represent the Commonwealth in Bourke vs. Beshear. The State will hire other counsel to represent it in this case, and will appeal Judge Heyburn’s decision to the Sixth Circuit U.S. Court of Appeals and ask the court to enter a stay pending appeal.
The question of whether state constitutional provisions prohibiting same sex marriage violate the U.S. Constitution is being litigated across the country. Here in Kentucky, Judge Heyburn has ruled that Kentucky’s constitutional provision does so to the extent that same sex marriages legally performed elsewhere are not recognized in Kentucky. Judge Heyburn also currently has under consideration the broader question of whether Kentucky’s provision prohibiting same sex marriage in Kentucky violates the U.S. Constitution, and I anticipate that decision in the near future.
Both of these issues, as well as similar issues being litigated in other parts of the country, will be and should be ultimately decided by the U.S. Supreme Court in order to bring finality and certainty to this matter. The people of this country need to know what the rules will be going forward. Kentucky should be a part of this process.
In every other appeal currently in process, a stay has been entered maintaining the status quo until a final decision is reached on appeal. The reason is obvious. Without a stay in place, the opportunity for legal chaos is real. Other Kentucky courts may reach different and conflicting decisions. There is already a lawsuit underway in Franklin Circuit Court, and other lawsuits in state and federal courts are possible. Employers, health care providers, governmental agencies and others faced with changing rules need a clear and certain roadmap. Also, people may take action based on this decision only to be placed at a disadvantage should a higher court reverse the decision.
I understand and respect the deep and strong emotions and sincere beliefs of Kentuckians on both sides of this issue, but all Kentuckians deserve an orderly process that will bring certainty and finality to this important matter.”
Attorney General Jack Conway's decision, announced Tuesday morning, means same-sex couples will be allowed to pursue name changes, file joint tax returns with the state, and seek to have names added to birth certificates.
The Democrat said at a news conference that he would not defend discrimination.
The move comes four days after a federal judge in Louisville gave the state 21 days to implement a ruling overturning a voter-imposed ban on recognizing same-sex unions.
U.S. District Judge John G. Heyburn issued a Feb. 12 opinion that Kentucky's ban on recognizing same-sex marriages violated the Constitution's equal-protection clause.
Statement from Attorney General:
“As Attorney General, I have vowed to the people of Kentucky to uphold my duty under the law and to do what is right, even if some disagreed with me. In evaluating how best to proceed as the Commonwealth’s chief lawyer in light of Judge Heyburn’s recent ruling, I have kept those promises in mind.
When the Governor and I were first named as the technical defendants in this lawsuit, my duty as Attorney General was to provide the Commonwealth with a defense in the federal district court, and to frame the proper legal defenses. Those who passed the statutes and the voters who passed the constitutional amendment deserved that, and the Office of Attorney General performed its duty. However, it’s my duty to defend both the Kentucky Constitution and the Constitution of the United States.
The temporary stay we sought and received on Friday allowed me time to confer with my client and to consult with state leaders about my impending decision and the ramifications for the state.
I have evaluated Judge Heyburn’s legal analysis, and today am informing my client and the people of Kentucky that I am not appealing the decision and will not be seeking any further stays.
From a constitutional perspective, Judge Heyburn got it right, and in light of other recent federal decisions, these laws will not likely survive upon appeal. We cannot waste the resources of the Office of the Attorney General pursuing a case we are unlikely to win.
There are those who believe it’s my mandatory duty, regardless of my personal opinion, to continue to defend this case through the appellate process, and I have heard from many of them. However, I came to the inescapable conclusion that, if I did so, I would be defending discrimination.
That I will not do. As Attorney General of Kentucky, I must draw the line when it comes to discrimination.
The United States Constitution is designed to protect everyone’s rights, both the majority and the minority groups. Judge Heyburn’s decision does not tell a minister or a congregation what they must do, but in government ‘equal justice under law’ is a different matter.
I am also mindful of those from the business community who have reached out to me in the last few days encouraging me not to appeal the decision. I agree with their assessment that discriminatory policies hamper a state’s ability to attract business, create jobs and develop a modern workforce.
I prayed over this decision. I appreciate those who provided counsel, especially my remarkable wife, Elizabeth. In the end, this issue is really larger than any single person and it’s about placing people above politics. For those who disagree, I can only say that I am doing what I think is right. In the final analysis, I had to make a decision that I could be proud of – for me now, and my daughters’ judgment in the future.
May we all find ways to work together to build a more perfect union, and to build the future Commonwealth in which we want to live, work and raise all of our families.”
U.S. District Judge John G. Heyburn II on Thursday issued a final order throwing out part of the state's ban on gay marriages. The order makes official his Feb. 12 ruling that Kentucky's ban on same-sex marriages treated "gay and lesbian persons differently in a way that demeans them."
The order means same-sex couples may change their names on official identifications and documents and obtain any other benefits of a married couple in Kentucky. The order doesn't affect a related lawsuit seeking to force the state to issue marriage licenses to same-sex couples.
Kentucky's attorney general has asked for a delay, which hasn't been ruled upon.
We asked neighbors in Greenup County for their reaction.
"I believe marriage is a man and a woman, because that's how it is in the Bible," James Jarrell said. "That's the way I believe."
"As far as same sex marriages, to each person their own," James Skaggs said. "I have family members that have life partners. As long as it's not pushed on me, I don't care."
In a 23-page a ruling issued Wednesday, U.S. District Judge John G. Heyburn II concluded that Kentucky's laws treat gay and lesbians differently in a "way that demeans them."
The constitutional ban on same-sex marriage was approved by voters in 2004. The out-of-state clause was part of it.
The decision came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their out-of-state marriages.
Heyburn did not rule on whether the state could be forced to perform same-sex marriages. The question was not included in the lawsuit.