University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kentucky Equality Federation v. Beshear PB-KY-0002
Docket / Court 13-CI-1074 ( State Court )
State/Territory Kentucky
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On September 10, 2013, a same-sex couple filed this lawsuit in the Franklin County Circuit Court. The plaintiffs sued the Governor, the Country Clerk for Fayette County, and the Attorney General of Kentucky under 42 U.S.C. § 1983. The plaintiffs, represented by the Kentucky Equality Federation, ... read more >
On September 10, 2013, a same-sex couple filed this lawsuit in the Franklin County Circuit Court. The plaintiffs sued the Governor, the Country Clerk for Fayette County, and the Attorney General of Kentucky under 42 U.S.C. § 1983. The plaintiffs, represented by the Kentucky Equality Federation, asked the court for a declaratory judgment that excluding them and other same-sex couples from the privileges and protections of marriage was a violation of both the United States and Kentucky constitutions. They further sought a permanent injunction enjoining state from denying them and other same-sex couples the right to marry.

The named plaintiffs had been together for more than twenty years and had already been married in Connecticut. The plaintiffs claimed that, while residing in Kentucky, they had been denied the protections of marriage. In particular, neither plaintiff could be listed as a beneficiary on his partner's retirement. The plaintiffs claimed that Kentucky's ban on same-sex marriage was in violation of the equal protection and due process requirements of the Fourteenth Amendment of the United States Constitution. They further argued that the ban violated Sections 1, 3, 59, and 60 of the Kentucky State Constitution which afford citizens privacy protection.

In 2015 Judge Thomas Wingate ruled in favor of the plaintiffs and found Kentucky's ban on same-sex marriage in violation of both the United States and Kentucky constitutions. Given the United States Supreme Court's pending decision in Obergefell v. Hodges, Judge Wingate stayed his order.

Gabriela Hybel - 02/06/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Commonwealth of Kentucky
Plaintiff Description Two same-sex couples seeking recognition of their marriages within the state of Kentucky
Class action status sought Unknown
Class action status granted Unknown
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Filing Year 2013
Case Closing Year 2015
Case Ongoing No
Case Listing PB-OH-0003 : Obergefell v. Hodges (S.D. Ohio)
Docket(s)
No docket sheet currently in the collection
General Documents
Complaint for Declaratory Judgment and Injunctive Relief
PB-KY-0002-0001.pdf | External Link | Detail
Date: 09/10/2013
Source: Plaintiffs' counsel

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