***Update: March 4, 2014, Atty. General Jack Conway announced he will NOT appeal Judge Heyburn's ruling that the state must recognize same-sex marriages from other states. A few moments later, Governor Beshear announced he WILL hire outside counsel to appeal the ruling. The Courier Journal has more on the case here.***
On February 12th Judge John G. Heyburn II ruled the state of Kentucky must recognize out-of-state, same-sex marriages.
According to the ruling the commonwealth's current ban on recognizing valid, same-sex marriages performed in other states violates the U.S. Constitution’s guarantee of equal protection under the law.
While the ruling does not require the state to begin granting same sex marriages, it does conclude the constitutional amendment that bans the practice is unconstitutional. Judge Heyburn writes:
In the end, the Court concludes that Kentucky’s denial of recognition for valid same-sex marriages violates the United States Constitution’s guarantee of equal protection under the law, even under the most deferential standard of review. Accordingly, Kentucky’s statutes and constitutional amendment that mandate this denial are unconstitutional.
The ACLU of Kentucky applauds the judge's ruling, and is urging the state to allow the ruling to stand. You can read comments on the ruling from our Executive Director Michael Aldridge here.
