Kentucky, for the moment, recognizes gay marriage. The ruling today by Honorable John G. Heyburn made marriage between same sex couples that were performed in states where it is legal are now recognized in Kentucky. Honorable Judge Heyburn ruled that Kentucky’s marriage amendment and statutes violate the right to equal protection under the law.
The Attorney General for Kentucky asked Judge Heyburn to stay the ruling, but Judge Heyburn did not address the motion. Citing the importance of the case, the Attorney General of Kentucky asked for a delay of the order for the State to decide if it wants to appeal the case. The motion says Gov. Steve Beshear, also a defendant, needs time as well to decide how to implement the order if it is not appealed.
This request suggests that the Attorney General is considering following the lead of six other Attorney Generals of other states who have decided not to appeal rulings throwing out state same sex marriage bans.