University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Franklin v. Beshear PB-KY-0005
Docket / Court 3:13-CV-00946 ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On August 16, 2013, a same-sex couple filed a lawsuit in the U.S. District Court for the Western District of Kentucky against the state of Kentucky. The plaintiff, represented by private counsel, asked the court to declare that Kentucky laws banning same-sex marriage were unconstitutional, enter a ... read more >
On August 16, 2013, a same-sex couple filed a lawsuit in the U.S. District Court for the Western District of Kentucky against the state of Kentucky. The plaintiff, represented by private counsel, asked the court to declare that Kentucky laws banning same-sex marriage were unconstitutional, enter a permanent injunction enjoining the defendants from enforcing the ban on the plaintiffs or any other same-sex couple, and to award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs alleged that Kentucky's laws against same-sex marriage violated the constitutional rights guaranteed to them by the Due Process and Equal Protection Clauses. They claimed that the prohibition of same-sex marriage interfered with the flow of public and private benefits between the couple and interfered with their ability to build their family.

On October 8th, 2013, the case was reassigned to Judge John G. Heyburn, II. There was very little activity involving this case until February 12, 2014, when the court dismissed the case without prejudice.

Megan Dolan - 07/18/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of Kentucky
Plaintiff Description Plaintiffs are a same-sex couple residing in Kentucky who married in Connecticut in 2010.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2014
Case Ongoing No
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
3:13-cv-00946-JGH (E.D. Ky.) 02/12/2014
PB-KY-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 08/16/2013
PB-KY-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing Case] 02/11/2014 (E.D. Ky.)
PB-KY-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Heyburn, John Gilpin II (W.D. Ky.)
PB-KY-0005-0002 | PB-KY-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Elliott, Dawn R. (Kentucky)
PB-KY-0005-0001 | PB-KY-0005-9000
Fauver, Shannon Renee (Kentucky)
PB-KY-0005-0001 | PB-KY-0005-9000
Defendant's Lawyers Barkley, Clay A. (Kentucky)
PB-KY-0005-9000
Gadansky, Chris J. (Kentucky)
PB-KY-0005-9000
Judy, Brian (Kentucky)
PB-KY-0005-9000
Watson, Robert T. (Kentucky)
PB-KY-0005-9000
Other Lawyers None on record

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