Marriage

Gay Marriage Laws in Kentucky

Gay Marriage Laws in Kentucky

Gay Marriage Laws in KentuckyIn Kentucky, gay marriage
is not currently legal. In fact, the state currently has the Defense of Marriage
Act written into their Constitution and the state’s law.  The state’s
Constitution defines marriage as a union between a man and a woman in Section
233A. In fact, the language was approved by the voters with nearly 75 percent
of the votes.The language also stated that no union , other than marriage,
would be recognized by the state. Effectively, there was to be no legal
recognition of any same sex relationships. In Kentucky, marriage consists of a
union of an opposite sex couple.



In Kentucky, marriage has apparently always been defined as a union between a
man and a woman. In fact, case law goes back to 1970 at which time a lesbian
couple attempted to get married. The state claimed that even though they did
not currently define marriage in their constitution, it was always known to be
a union between two opposite sex individuals. 

The state claimed that refusal of
a marriage license was based on recorded history which only referenced marriage
as a union between a man and a woman. In essence, Kentucky marriage was defined
in manner to exclude same sex marriage. In addition, Kentucky revised statutes
to prohibit marriage between same sex couples. Section 402.005 defined Kentucky
marriage as legal only if it conformed to their constitutional definition. In
Kentucky, gay couples are explicitly forbidden from legally recognizing their
relationship.

In Kentucky, gay marriage is banned in the state’s Constitution and in
Statutes. In fact, the laws banning same sex marriage are very clear and
explicit in Kentucky. Gay marriage, and other same sex relationships, receive
no legal recognition whatsoever in Kentucky. Marriage is clearly defined in
law, several times, to avoid any allowance for same sex couples. 


In fact, the
law clearly states that it will no recognize any same sex relationship, even
couples that were legally married in another state.  In Kentucky, gay
couples are not entitled to any rights and responsibilities that are usually
afforded to marriage. This includes issues pertaining to health care decisions,
health insurance, the right to own joint property and even the right to
divorce. In fact, no individuals can be ordered to pay alimony or to divide
property.

In Kentucky, gay rights are treated differently then the rights of the rest of
the citizens of the state. In fact, Kentucky laws relating to same sex
relationships, are quite obviously discriminatory.
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