Case: Love v. Beshear

3:13-cv-00750 | U.S. District Court for the Western District of Kentucky

Filed Date: July 26, 2013

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On July 26, 2013, a same-sex couple married under the laws of Ontario filed a lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against the governor, attorney general, secretary of state of Kentucky and two county clerks. The plaintiffs challenged the constitutionality of Kentucky's laws prohibiting same-sex couples from marrying and voiding within Kentucky marriages of same-sex couples validly entered into under the laws of other states or countries…

On July 26, 2013, a same-sex couple married under the laws of Ontario filed a lawsuit in the U.S. District Court for the Western District of Kentucky under 42 U.S.C. § 1983 against the governor, attorney general, secretary of state of Kentucky and two county clerks. The plaintiffs challenged the constitutionality of Kentucky's laws prohibiting same-sex couples from marrying and voiding within Kentucky marriages of same-sex couples validly entered into under the laws of other states or countries.

On August 16, 2013, the plaintiffs filed an amended complaint, adding two more same-sex couples married under the laws of other states as plaintiffs in the suit. The plaintiffs asked the court for both declaratory and injunctive relief. Specifically, the plaintiffs asked the court to declare that Amendment 223A of the Kentucky Constitution violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution, and that the Kentucky statutes KRS 402.045(2) and KRS 402.045(1) violate the Equal Protection Clause of the Fourteenth Amendment. Additionally, the plaintiffs asked the court to enjoin the State from denying same-sex couples the right to marry in Kentucky and denying recognition of marriages validly entered into under the laws of other states and countries.

The plaintiffs sought summary judgment on December 16, 2013, and on February 12, 2014, U.S. District Judge John Heyburn, II, found for the plaintiffs, concluding that Kentucky's refusal to recognize valid same-sex marriages from other states violated the United States Constitution's guarantee of equal protection under the law, even under the most deferential standard of review. Two weeks later, on February 27, 2014, the Court held that the order would go immediately into effect.

That same day, the defendants filed a motion to stay, which was granted, and appealed to the Sixth Circuit on March 18, 2014.

Despite the stay, Judge Heyburn II held on July 1, 2014 that Kentucky laws banning same-sex marriage violated the plaintiffs' constitutional rights and did not further any conceivable legitimate government purpose. Love v. Beshear, 2014 WL 2957671 (W.D. Kentucky 2014). The order declared all Kentucky laws prohibiting same-sex marriage were void and unenforceable. In the same order, the Court stayed the decision pending further order in the Sixth Circuit.

On November 6, 2014, the Sixth Circuit ruled on this and other cases from four states. DeBoer v. Snyder (PB-MI-0004 in this Clearinghouse). Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). Henry v. Hodges (PB-OH-0004 in this Clearinghouse). Tanco v. Haslam (PB-TN-0005 in this Clearinghouse). It was unwilling to find a Constitutional basis to deny states' authority to define marriage. On the Due Process and Equal Protection claims raised in this case, the court found that the bans were plausibly rational, and neither in violation of the Constitution nor due to illegal animus or discrimination. It also held that "[i]f it is constitutional for a State to define marriage as a relationship between a man and a woman, it is also constitutional for the State to stand by that definition with respect to couples married in other States or countries." (DeBoer v. Snyder Page p. 38). Accordingly, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. 772 F.3d 388.

The Supreme Court granted certiorari on January 16, 2015 to review these cases in Obergefell v. Hodges. The Court rephrased the questions presented as: 1) Does the Fourteenth Amendment require a state to license marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

On June 26, 2015, the Court reversed, in an opinion by Justice Kennedy. The Court held that the right to marry was fundamental, and it demeaned gay and lesbian couples to deprive them of access to marriage. The 14th Amendment therefore did not allow states to ban same-sex marriage. Justice Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a dissent.

The case was remanded and reassigned to Judge Charles R. Simpson III. On January 13, 2016, Judge Simpson III granted the plaintiffs' motion for attorneys fees totaling $1,115,632.96. The case is now closed.

Summary Authors

Carlyn Williams (10/16/2013)

Megan Dolan (7/8/2014)

Clearinghouse (6/26/2015)

Related Cases

DeBoer v. Snyder, Eastern District of Michigan (2012)

Obergefell v. Hodges, Southern District of Ohio (2013)

Tanco v. Haslam, Middle District of Tennessee (2013)

Henry v. Wymyslo, Southern District of Ohio (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4268865/parties/love-v-beshear/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Heyburn, John Gilpin II (Kentucky)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Simpson, Charles Ralph III (Kentucky)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Heyburn, John Gilpin II (Kentucky)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Simpson, Charles Ralph III (Kentucky)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Canon, Daniel J. (Kentucky)

Dunman, Leonard J. IV (Kentucky)

Elliott, Dawn R. (Kentucky)

Fauver, Shannon Renee (Kentucky)

Landenwich, Laura E. (Kentucky)

Winner, Louis Paz (Kentucky)

Attorneys(s) for Defendant

Barkley, Clay A. (Kentucky)

Farah, Licha H. Jr. (Kentucky)

French, Stephanie A. (Kentucky)

Judy, Brian (Kentucky)

Other Attorney(s)

Cave, Stanton L. (Kentucky)

Kneedler, Jennie L. (District of Columbia)

Lin, Jean (District of Columbia)

Documents in the Clearinghouse

Document

3:13-cv-00750

Docket [PACER]

Feb. 10, 2016

Feb. 10, 2016

Docket
1

3:13-cv-00750

Complaint for Declaratory and Injunctive Relief

Bourke v. Beshear

July 26, 2013

July 26, 2013

Complaint
5

3:13-cv-00750

Amended Complaint for Declaratory and Injunctive Relief

Bourke v. Beshear

Aug. 16, 2013

Aug. 16, 2013

Complaint
48

3:13-cv-00750

Order

Bourke v. Beshear

Feb. 12, 2014

Feb. 12, 2014

Order/Opinion
47

3:13-cv-00750

Memorandum Opinion

Bourke v. Beshear

996 F.Supp.2d 542

Feb. 12, 2014

Feb. 12, 2014

Order/Opinion
55

3:13-cv-00750

Order

Bourke v. Beshear

Feb. 27, 2014

Feb. 27, 2014

Order/Opinion
85

3:13-cv-00750

Memorandum Opinion [awarding attorney's fees]

2014 WL 1922928

May 13, 2014

May 13, 2014

Order/Opinion
91

3:13-cv-00750

Memorandum Opinion

989 F.Supp.2d 536

July 1, 2014

July 1, 2014

Order/Opinion

14-05818

Opinion of the Sixth Circuit

U. S. Court of Appeals for the Sixth Circuit

772 F.3d 388

Nov. 6, 2014

Nov. 6, 2014

Order/Opinion

14-00556

Supreme Court Opinion

Obergefell v. Kasich

Supreme Court of the United States

135 S.Ct. 2584

June 26, 2015

June 26, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268865/love-v-beshear/

Last updated Aug. 31, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Steve Breshear, Jack Conway, Bobbie Hosclaw Filing fee $ 400, receipt number 644-1659594., filed by I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Gregory Bourke, Michael Deleon. (Attachments: # 1 Summons, # 2 Cover Sheet, # 3 Exhibit Marriag certificate) (JSS) ( (Main Document 1 replaced on 8/19/2013) (DAK). (Entered: 07/26/2013)

1 Summons

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2 Cover Sheet

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3 Exhibit Marriag certificate

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July 26, 2013

July 26, 2013

RECAP
2

Case Assignment (Random Selection): Case Assigned to Judge John G. Heyburn II. Magistrate designation: Dave Whalin. (JSS) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
3

CERTIFICATE OF SERVICE by Gregory Bourke re 1 Complaint, (Attachments: # 1 Summons) (Fauver, Shannon) (Entered: 07/26/2013)

1 Summons

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July 26, 2013

July 26, 2013

PACER
4

Summons Issued as to Steve Breshear, Jack Conway, Bobbie Hosclaw. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JSS) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
5

AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF [AMENDED DOCUMENT] by Gregory Bourke. Amendment to 1 Complaint, by Gregory Bourke. (Fauver, Shannon) Modified on 8/16/2013 - edited title; was filed as an Amended Document (DAK). (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

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6

AMENDED SUMMONS (AMENDED DOCUMENT) by Gregory Bourke. Amendment to 5 Amended Document by Gregory Bourke. (Fauver, Shannon) Modified on 8/19/2013 - edited title; was filed as amended document (DAK). (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

PACER
7

Summons Issued as Amended Complaint to Jack Conway, Elaine A. Filiatreau, Alison Lundergan Grimes, Bobbie Hosclaw. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (DAK) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER
8

NOTICE by Michael Deleon re Amended Complaint, (Attachments: # 1 Summons, # 2 Summons) (Fauver, Shannon) (Entered: 08/23/2013)

1 Summons

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2 Summons

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Aug. 23, 2013

Aug. 23, 2013

PACER
9

Summons Issued as to Steve Breshear, Jack Conway. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (JSS) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

PACER
10

SUMMONS Returned Executed by Gregory Bourke. Elaine A. Filiatreau served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
11

SUMMONS Returned Executed by Michael Deleon. Bobbie Hosclaw served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
12

SUMMONS Returned Executed by Gregory Bourke. Jack Conway served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
13

SUMMONS Returned Executed by Gregory Bourke. Steve Breshear served on 8/26/2013, answer due 9/16/2013. (Fauver, Shannon) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
14

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Elaine A. Filiatreau Responses due by 10/7/2013 (Attachments: # 1 Proposed Order) (Farah, Licha) (Entered: 09/13/2013)

1 Proposed Order

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Sept. 13, 2013

Sept. 13, 2013

PACER
15

Proposed Agreed Order/Stipulation by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

RECAP
16

MOTION to Dismiss by Defendant Bobbie Hosclaw Responses due by 10/10/2013 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (French, Stephanie) (Entered: 09/16/2013)

1 Memorandum in Support

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2 Proposed Order

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Sept. 16, 2013

Sept. 16, 2013

PACER
17

Amended MOTION to Amend/Correct 16 MOTION to Dismiss by Defendant Bobbie Hosclaw Responses due by 10/11/2013 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (French, Stephanie) (Entered: 09/17/2013)

1 Memorandum in Support

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2 Proposed Order

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Sept. 17, 2013

Sept. 17, 2013

PACER
18

AGREED ORDER FOR EXTENSION OF TIME TO ANSWER by Judge John G. Heyburn, II on 9/17/13. Time is extended for Dfts to answer Pltfs' complaint or respond by motion until 9/25/13. cc:counsel (SJS) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

RECAP
19

ANSWER to Amended Complaint, by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

RECAP
20

Proposed Agreed Order/Stipulation to extend time to respond to Motion to Dismiss by Gregory Bourke. (Fauver, Shannon) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

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21

ORDER (EBOC) by Judge John G. Heyburn, II on 10/7/2013; telephonic conference set for 10/10/2013 01:00 PM before Judge John G. Heyburn II.cc:counsel (TLB) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

RECAP
22

AGREED ORDER by Judge John G. Heyburn, II on 10/8/2013; 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Response due by 10/28/2013.cc:counsel (TLB) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

RECAP
23

Proposed Agreed Order/Stipulation for extension of time by Gregory Bourke. (Fauver, Shannon) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

RECAP
24

ORDER for proceedings held before Judge John G. Heyburn, II. Telephonic Status Conference held on 10/10/2013. IT IS HEREBY ORDERED any dispositive motions can be filed on or before 11/25/2013, with responses to be filed on or before 12/16/2013. Normal reply times shall apply in accordance with the Local Rules of the Western District of Kentucky. The matters will then be submitted before the Court. cc: Counsel (TJD) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

RECAP
25

NOTICE of Appearance by Laura E. Landenwich on behalf of Gregory Bourke, Michael Deleon, I.D., I.D. (Landenwich, Laura) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER
26

MOTION to Modify Case Caption by Plaintiffs Gregory Bourke, Michael Deleon, I.D., I.D. Responses due by 11/21/2013 (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 10/28/2013)

1 Proposed Order

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Oct. 28, 2013

Oct. 28, 2013

PACER
27

ORDER signed by Judge John G. Heyburn, II on 10/31/2013 granting 26 Motion to Modify Case Caption. cc: Counsel (TJD) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

RECAP
28

MOTION to Dismiss by Plaintiff Gregory Bourke Responses due by 11/25/2013 (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 11/01/2013)

1 Proposed Order

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Nov. 1, 2013

Nov. 1, 2013

PACER
29

MOTION for Leave to File Second Amended Complaint by Plaintiff Gregory Bourke Responses due by 11/25/2013 (Attachments: # 1 Exhibit attachment 1, # 2 Proposed Order) (Landenwich, Laura) (Entered: 11/01/2013)

1 Exhibit attachment 1

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2 Proposed Order

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Nov. 1, 2013

Nov. 1, 2013

PACER
30

ORDER granting 29 Motion for Leave to file Second Amended Complaint. Signed by Judge John G. Heyburn, II on 11/14/13. cc:counsel (JBM) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

RECAP
31

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Steve Breshear, Jack Conway, filed by I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Michael Deleon, Gregory Bourke, Luther Barlowe, M.J.-C., Randell Johnson, Jimmy Meade, Paul Campion, Tamera Boyd, Kimberly Franklin, T.J.-C.. (JBM) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

RECAP
32

ORDER granting 28 and 16 Motions to Dismiss. Claims against Defendants Bobbie Holsclaw and Elaine Filiatreau are hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge John G. Heyburn, II on 11/14/13. cc:counsel (JBM) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

RECAP
33

NOTICE of Constitutional Challenge by Gregory Bourke (Landenwich, Laura) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

RECAP
34

MOTION to Amend/Correct 24 Telephone Conference, Scheduling Order by Defendants Steve Breshear, Jack Conway Responses due by 12/16/2013 (Attachments: # 1 Proposed Order Proposed Agreed Order) (Barkley, Clay) (Entered: 11/20/2013)

1 Proposed Order Proposed Agreed Order

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Nov. 20, 2013

Nov. 20, 2013

PACER
35

MEMORANDUM AND ORDER by Judge John G. Heyburn, II on 11/23/2013. IT IS HEREBY ORDERED that motions supporting injunctive relief shall be filed on or before 12/16/2013; responses shall be filed on or before 1/13/2014; and replies on or before 01/23/2014. cc: Counsel (TJD) Modified on 11/25/2013-changed response date from 11/13/2014 to 1/13/2014. (DAK). (Entered: 11/25/2013)

Nov. 25, 2013

Nov. 25, 2013

RECAP
36

NOTICE of Appearance by Leonard J. Dunman on behalf of Gregory Bourke (Landenwich, Laura) Modified on 11/26/2013-corrected attorney (MLG). (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
37

ANSWER to 31 Amended Complaint, by Steve Breshear, Jack Conway. (Barkley, Clay) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

RECAP
38

MOTION for Summary Judgment by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade Responses due by 1/9/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1. Obergefell Opinion, # 3 Exhibit 2. Bourke Affidavit, # 4 Exhibit 3. Franklin Affidavit, # 5 Exhibit 4. Johnson Affidavit, # 6 Exhibit 5. Meade Affidavit, # 7 Exhibit 6. Senate Chambers, # 8 Exhibit 7. Amicus Brief, # 9 Exhibit 8. Bassett Opinion, # 10 Proposed Order Proposed Order) (Landenwich, Laura) (Entered: 12/16/2013)

1 Memorandum in Support

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2 Exhibit 1. Obergefell Opinion

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3 Exhibit 2. Bourke Affidavit

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4 Exhibit 3. Franklin Affidavit

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5 Exhibit 4. Johnson Affidavit

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6 Exhibit 5. Meade Affidavit

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7 Exhibit 6. Senate Chambers

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8 Exhibit 7. Amicus Brief

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9 Exhibit 8. Bassett Opinion

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10 Proposed Order Proposed Order

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Dec. 16, 2013

Dec. 16, 2013

PACER
39

RESPONSE to Motion re 38 MOTION for Summary Judgment filed by Steve Breshear, Jack Conway. Replies due by 1/30/2014. (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 01/13/2014)

1 Proposed Order Proposed Order

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Jan. 13, 2014

Jan. 13, 2014

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40

REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Attachments: # 1 Exhibit 1. Kitchen v. Herbert, # 2 Exhibit 2. Obergefell) (Landenwich, Laura) (Entered: 01/14/2014)

1 Exhibit 1. Kitchen v. Herbert

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2 Exhibit 2. Obergefell

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Jan. 14, 2014

Jan. 14, 2014

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41

MOTION for Leave to file Amicus Curiae Brief by Amicus The Family Trust Foundation of Kentucky, Inc. Responses due by 2/10/2014 (Attachments: # 1 Proposed Order, # 2 Exhibit) (Cave, Stanton) (Entered: 01/16/2014)

1 Proposed Order

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2 Exhibit

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Jan. 16, 2014

Jan. 16, 2014

PACER
42

ORDER signed by Judge John G. Heyburn, II on 01/17/2014 granting 41 Motion for Leave to file amicus curiae brief. cc: Counsel of Record (TJD) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

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43

BRIEF OF AMICUS CURIAE by The Family Trust Foundation of Kentucky, Inc re 39 Response to Motion filed by Jack Conway, Steve Breshear. (TJD) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
44

NOTICE (Acknowledgement of Constitutional Challenge) by United States of America re 33 Notice (Other) (Kneedler, Jennie) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

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45

ORDER by Judge John G. Heyburn, II on 1/23/2014; Plaintiffs shall have to 2/3/2014 in which to respond to the amicus brief, should they so choose.cc:counsel (TLB) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
46

RESPONSE to re 43 Brief of Amicus filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C.(Minor Child through their parents and next friends, Randell Johnson and Paul Campion). (Attachments: # 1 Exhibit Hollingsworth ASA Brief) (Canon, Daniel) (Entered: 02/03/2014)

1 Exhibit Hollingsworth ASA Brief

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Feb. 3, 2014

Feb. 3, 2014

PACER
47

MEMORANDUM OPINION by Judge John G. Heyburn, II on 2/11/2014; re 38 MOTION for Summary Judgment filed by Paul Campion, Jimmy Meade, Gregory Bourke, Luther Barlowe, Tamera Boyd, Michael Deleon, Kimberly Franklin, Randell Johnson. The Court will enter an order consistent with this Memorandum Opinion.cc:counsel (DAK) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

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48

ORDER by Judge John G. Heyburn, II on 2/11/2014; re 38 MOTION for Summary Judgment filed by Paul Campion, Jimmy Meade, Gregory Bourke, Luther Barlowe, Tamera Boyd, Michael Deleon, Kimberly Franklin, Randell Johnson, 47 Memorandum & Opinion - To the extent K.R.S. 402.005,.020,.040, and.045 and Section 233A of the Kentucky Constitution deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, they violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The Court will set a hearing in the near future to discuss the appropriate form of relief and the timing of its effect. This is not a final order.cc: Counselcc:counsel (DAK) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

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49

MOTION to Intervene by Intervenor Parties Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James Responses due by 3/10/2014 (Attachments: # 1 Exhibit Intervening Complaint, # 2 Proposed Order) (Canon, Daniel) (Entered: 02/14/2014)

1 Exhibit Intervening Complaint

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2 Proposed Order

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Feb. 14, 2014

Feb. 14, 2014

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Emergency MOTION for Preliminary Injunction, MOTION for Permanent Injunction by Intervenor Parties Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 3/10/2014 (Attachments: # 1 Proposed Order) (Canon, Daniel) (Entered: 02/14/2014)

1 Proposed Order

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Feb. 14, 2014

Feb. 14, 2014

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51

ORDER (EBOC) by Judge John G. Heyburn, II on 2/19/2014; telephonic conference set for 2/26/2014 01:00 PM before Judge John G. Heyburn II.cc:counsel (TLB) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

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52

MOTION to Stay re 48 Order,, 47 Memorandum & Opinion, by Defendants Steve Breshear, Jack Conway Responses due by 3/24/2014 (Attachments: # 1 Proposed Order) (Barkley, Clay) (Entered: 02/27/2014)

1 Proposed Order

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Feb. 27, 2014

Feb. 27, 2014

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ORDER by Judge John G. Heyburn, II on 2/27/2014; status/motion hearing held 2/26/2014; 49 Motion to Intervene SUSTAINED; intervening complaint will be filed in the record as of this date; the court establishes the following filing and briefing schedule: Answer to Intervening Complaint due 3/19/2014; Motion and Memorandum for Relief by Plaintiffs due 4/18/2014; response to any motions by Plaintiff or other Amicus Parties due 5/19/2014; reply to any motions by Plaintiff due 5/28/2014. cc:counsel (TLB) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
54

INTERVENING COMPLAINT AND PETITION FOR DECLARATORY AND INJUNCTIVE RELIEF, filed by Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza. (TLB) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
55

ORDER by Judge John G. Heyburn, II on 2/26/2014; the parties and the Court having discussed 47 Memorandum Opinion and 48 Order; no party having objection to the entry of a final order consistent with it; that to the extend K.R.S. 402.055,.020,.040, and.045 and Section 233A of the Kentucky Constitution act to deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, those laws violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable; this is a final and appealable order.cc:counsel (TLB) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

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ORDER (EBOC) by Judge John G. Heyburn, II on 2/27/2014; telephonic conference set for 2/28/2014 02:30 PM before Judge John G. Heyburn II ; parties shall beprepared to discuss pending 52 MOTION to Stay. cc:counsel (TLB) (Entered: 02/27/2014)

Feb. 27, 2014

Feb. 27, 2014

PACER
57

ORDER by Judge John G. Heyburn, II on 02/27/2014. IT IS HEREBY ORDERED that the Clerk shall modify the style of the case to Love, et al. vs. Beshear, et al. cc: Counsel (TJD) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

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58

ORDER Signed by Judge John G. Heyburn, II on 2/28/2014 granting 52 Motion to Stay. The Court concludes that a limited stay allows the state proper time to administratively prepare for compliance with the Order.Being otherwise sufficiently advised, IT IS HEREBY ORDERED that enforcement of the Courts final order entered February 27, 2014, is STAYED until March 20, 2014.cc:counsel (ARM) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

RECAP
59

ORDER Signed by Judge John G. Heyburn, II on 2/28/2014. denying 50 Motion for Preliminary Injunction; denying 50 Motion for Permanent Injunction.cc:counsel (ARM) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

RECAP
60

MOTION for Attorney Fees and Costs by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D., I.D., Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C., T.J.-C. Responses due by 4/4/2014 (Attachments: # 1 Affidavit Affidavit of Daniel J. Canon, # 2 Affidavit Affidavit of Shannon Fauver, # 3 Exhibit Time records for Clay Daniel Walton Adams, PLC, # 4 Affidavit Affidavit of Louis P. Winner, # 5 Exhibit Time records of Fauver Law Office, # 6 Affidavit Affidavit of Gregory A. Belzley, # 7 Exhibit Declaration of Paul Hershberg, # 8 Proposed Order) (Canon, Daniel) (Entered: 03/11/2014)

1 Affidavit Affidavit of Daniel J. Canon

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2 Affidavit Affidavit of Shannon Fauver

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3 Exhibit Time records for Clay Daniel Walton Adams, PLC

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4 Affidavit Affidavit of Louis P. Winner

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5 Exhibit Time records of Fauver Law Office

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6 Affidavit Affidavit of Gregory A. Belzley

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7 Exhibit Declaration of Paul Hershberg

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8 Proposed Order

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March 11, 2014

March 11, 2014

RECAP
61

NOTICE of Appearance by Leigh G. Latherow on behalf of Steve Breshear (Latherow, Leigh) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
62

MOTION to Withdraw as Attorney . (Continue to receive notice:Yes)by Intervenor Defendant Steve Breshear Responses due by 4/3/2014 (Attachments: # 1 Exhibit Consent, # 2 Proposed Order) (Barkley, Clay) (Entered: 03/14/2014)

1 Exhibit Consent

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2 Proposed Order

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March 14, 2014

March 14, 2014

PACER
63

MOTION to Stay re 55 Order, Add and Terminate Parties,,,, by Intervenor Defendant Steve Breshear Responses due by 4/7/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit unpublished cases cited, # 3 Proposed Order) (Latherow, Leigh) (Entered: 03/14/2014)

1 Memorandum in Support

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2 Exhibit unpublished cases cited

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3 Proposed Order

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March 14, 2014

March 14, 2014

PACER
64

Objection to 63 MOTION to Stay re 55 Order, Add and Terminate Parties,,,, filed by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Attachments: # 1 Affidavit Cristal Fox) (Landenwich, Laura) (Additional attachment(s) added on 3/19/2014: # 2 Proposed Order) (TG). (Entered: 03/17/2014)

1 Affidavit Cristal Fox

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2 Proposed Order

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March 17, 2014

March 17, 2014

PACER
65

ORDER signed by Judge John G. Heyburn, II on 03/17/2014 granting 62 Motion to Withdraw as Attorney. Upon Motion of the Hon. Brian T. Judy and Hon. Clay Barkley to withdraw as counsel, and the court being otherwise sufficiently advised, the motion is hereby GRANTED and the attorneys are permitted to withdraw as attorneys of record in this matter. cc: Counsel (TJD) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
66

NOTICE of Deficiency re 64 Objection, : failure to comply will be brought to the attention of the Court. Response due by 3/25/2014. (TG) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
67

Proposed Order Denying Defendant's Motion for Stay re 64 Objection, by Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, Randell Johnson, Jimmy Meade. (Landenwich, Laura) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
68

NOTICE OF APPEAL as to 48 Order,, 55 Order, Add and Terminate Parties,,,, 47 Memorandum & Opinion, by Steve Breshear. Filing fee $ 505, receipt number 0644-1788494. (Latherow, Leigh) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

PACER
69

ANSWER to 54 Intervenor Complaint by Steve Breshear. (Latherow, Leigh) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
70

ORDER for proceedings held before Judge John G. Heyburn, II. Telephone Conference regarding pending motion to stay (DN 63 ) held on 3/17/2014. (Court Reporter Alan Wernecke.) IT IS HEREBY ORDERED the briefing schedule established in the February 27, 2014 Order (DN 53 ) is amended to reflect a motion for leave to file as an amicus must be filed on or before MAY 2, 2014. IT IS FURTHER ORDERED that upon oral motion by Family Trust Foundation of Kentucky, Inc. to file a amicus brief is sustained. The motion to stay is hereby taken under advisement and a separate order shall issue. cc: Counsel (TJD) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
71

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 3/19/2014 re 63 Motion to Stay; stay of this Court's February 27, 2014 final order is extended until further order of the Sixth Circuit. cc:counsel (TLB) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

RECAP
72

MOTION to Dismiss by Intervenor Defendant Jack Conway Responses due by 4/14/2014 (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 03/20/2014)

1 Proposed Order Proposed Order

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March 20, 2014

March 20, 2014

PACER
73

ORDER signed by Judge John G. Heyburn, II on 03/21/2014 granting 72 Motion to Dismiss Defendant Jack Conway, in his official capacity as Attorney General of Kentucky, from this action. cc: Counsel (TJD) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

RECAP
74

RESPONSE to Motion re 60 MOTION for Attorney Fees and Costs filed by Steve Breshear. Replies due by 4/21/2014. (Attachments: # 1 Addendum Unpublished Opinions, # 2 Proposed Order) (Latherow, Leigh) (Entered: 04/04/2014)

1 Addendum Unpublished Opinions

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2 Proposed Order

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April 4, 2014

April 4, 2014

RECAP
75

RESPONSE to Motion re 60 MOTION for Attorney Fees and Costs filed by Jack Conway. Replies due by 4/21/2014. (Attachments: # 1 Proposed Order Proposed Order) (Judy, Brian) (Entered: 04/04/2014)

1 Proposed Order Proposed Order

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April 4, 2014

April 4, 2014

PACER
76

REPLY re 74 Response to Motion for Attorney Fees and Costs filed by Luther Barlowe, Maurice Blanchard, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D.(minor child by and through his parents and next freinds, Gregory Bourke and Michael Deleon), Dominique James, Randell Johnson, Timothy Love, M.J.-C., Jimmy Meade, T.J.-C.(Minor Child through their parents and next friends, Randell Johnson and Paul Campion), Lawrence M Ysunza. (Attachments: # 1 Exhibit Exhibit 1 - Unpublished Case - Dumas v. NUMM, # 2 Exhibit Exhibit 2 - Unpublished Case - Giuffre v. Hyundai, # 3 Proposed Order) (Dunman, Leonard) (Entered: 04/09/2014)

1 Exhibit Exhibit 1 - Unpublished Case - Dumas v. NUMM

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2 Exhibit Exhibit 2 - Unpublished Case - Giuffre v. Hyundai

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3 Proposed Order

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April 9, 2014

April 9, 2014

PACER
77

MOTION for Summary Judgment by Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 5/19/2014 --per DN# 53 Order-- (Attachments: # 1 Memorandum in Support, # 2 Affidavit Love/Ysunza Affidavit, # 3 Affidavit Blanchard Affidavit, # 4 Proposed Order) (Canon, Daniel) Modified on 4/23/2014 to correct response ddl. (ARM). (Entered: 04/18/2014)

1 Memorandum in Support

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2 Affidavit Love/Ysunza Affidavit

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3 Affidavit Blanchard Affidavit

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4 Proposed Order

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April 18, 2014

April 18, 2014

PACER
78

MOTION to Intervene by Intervenor Plaintiff Chris Sevier. Responses due by 5/16/2014. (Attachments: # 1 Motion to Intervene as a Plaintiff, # 2 Proposed Intervening Complaint) (TJD) (Entered: 04/23/2014)

1 Motion to Intervene as a Plaintiff

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2 Proposed Intervening Complaint

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April 22, 2014

April 22, 2014

PACER
79

NOTICE of Deficiency re 78 Motion to Intervene: failure to comply, by returning original signatures, will be brought to the attention of the Court. Response due by 5/27/2014. (TJD) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
80

MEMORANDUM AND ORDER by Senior Judge Thomas B. Russell declining to rule on 78 Motion to Intervene as it relates to the original action and denying 78 Motion to Intervene in the remaining intervening complaint. cc: counsel; Chris Sevier, pro se (JLS) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

RECAP
81

MOTION for Leave to File Amicus Curiae Brief by Amicus American Civil Liberties Union of Kentucky, Inc. Responses due by 5/23/2014 (Attachments: # 1 Proposed Order, # 2 Amicus Curiae Brief) (Adams, Jennifer) (Entered: 04/29/2014)

1 Proposed Order

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2 Amicus Curiae Brief

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April 29, 2014

April 29, 2014

PACER
82

ORDER signed by Senior Judge John G. Heyburn, II on 05/12/2014 granting 81 Motion for Leave to File Amicus Curiae Brief. cc: Counsel (TJD) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
83

AMICUS CURIAE BRIEF OF THE ACLU OF KENTUCKY IN SUPPORT OF INTERVENING PLAINTIFFS filed by American Civil Liberties Union of Kentucky, Inc. re 82 Order on Motion for Leave to File Amicus Curiae Brief. (TJD) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
84

NOTICE of Change of Address by Jennifer Kincaid Adams (Adams, Jennifer) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
85

MEMORANDUM OPINION signed by Senior Judge John G. Heyburn, II on 05/13/2014 sustaining 60 Motion for Attorney Fees. IT IS HEREBY ORDERED that Plaintiffs' motion for attorney's fees and costs is SUSTAINED and Plaintiffs are awarded $70,325.00 for attorney's fees and $453.00 for costs. IT IS FURTHER ORDERED that this order is STAYED pending the resolution of Defendant's appeal before the Sixth Circuit Court of Appeals. cc: Counsel of Record (TJD) (Entered: 05/14/2014)

May 14, 2014

May 14, 2014

RECAP
86

BRIEF of Amicus Curiae, The Family Trust Foundation of Kentucky, Inc., in opposition to Motion for Summary Judgment by Timothy Love Plaintiffs re 77 MOTION for Summary Judgment filed by Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James by The Family Trust Foundation of Kentucky, Inc.. (Cave, Stanton) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
87

RESPONSE to Motion re 77 MOTION for Summary Judgment filed by Steve Breshear. Replies due by 5/28/2014--PER DN# 53 Order-. (Attachments: # 1 Exhibit 1 - NPR Article, # 2 Exhibit 2 - New York Times, # 3 Exhibit 3 - SMH Article, # 4 Exhibit 4 - Washington Post, # 5 Proposed Order) (Latherow, Leigh) Modified on 5/21/2014 (ARM). (Entered: 05/19/2014)

1 Exhibit 1 - NPR Article

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2 Exhibit 2 - New York Times

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3 Exhibit 3 - SMH Article

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4 Exhibit 4 - Washington Post

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5 Proposed Order

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May 19, 2014

May 19, 2014

PACER
88

Mail Returned as Undeliverable. Mail sent to Chris Sevier (KJA) (Entered: 05/28/2014)

May 27, 2014

May 27, 2014

PACER
89

REPLY re 77 MOTION for Summary Judgment filed by Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza. (Attachments: # 1 Exhibit 1: Birth Rates) (Landenwich, Laura) (Entered: 05/28/2014)

1 Exhibit 1: Birth Rates

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May 28, 2014

May 28, 2014

RECAP
90

Mail sent to Chris Sevier Returned as Undeliverable re: DN 79 . (TJD) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
91

MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 7/1/2014; re 77 MOTION for Summary Judgment filed by Timothy Love, Lawrence M Ysunza, Maurice Blanchard, Dominique James - IT IS HEREBY ORDERED THAT to the extent Ky. Rev. Stat. §§ 402.005 and.020(1)(d) and Section 233A of the Kentucky Constitution deny same-sex couples the right to marry in Kentucky, they violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable. IT IS FURTHER ORDERED that for all the reasons set forth in this Courts Memorandum Opinion and Orders in this case dated February 28, 2014 and March 19, 2014, the order here is STAYED until further order of the Sixth Circuit.This is a final and appealable order.cc:counsel (DAK) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

RECAP
92

NOTICE OF APPEAL as to 91 Memorandum & Opinion,,, by Steve Breshear. Filing fee $ 505, receipt number 0644-1846213. (Latherow, Leigh) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER
93

MOTION for Extension of Time to File Petition for Attorney Fees by Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza Responses due by 7/25/2014 (Attachments: # 1 Exhibit 1 Joint Motion to Consolidate, # 2 Proposed Order) (Landenwich, Laura) (Entered: 07/15/2014)

1 Exhibit 1 Joint Motion to Consolidate

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2 Proposed Order

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July 15, 2014

July 15, 2014

PACER
94

ORDER signed by Senior Judge John G. Heyburn, II on 08/06/2014 granting 93 Motion for Extension of Time to File. IT IS HEREBY ORDERED that any fee petition filed in this case shall be filed within thirty (30) days of final disposition by the Sixth Circuit Court of Appeals or, if applicable, the United States Supreme Court. cc: Counsel (TJD) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
95

NOTICE RECEIVED FROM USCA re 68 Notice of Appeal, 92 Notice of Appeal. OPINION and JUDGMENT filed : The judgment of the district court is REVERSED. Mandate to Issue. (TG) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
96

NOTICE RECEIVED FROM USCA - re 68 Notice of Appeal, 92 Notice of Appeal. U.S. Supreme Court notice filed regarding a petition for a writ of certiorari filed by Appellee Gregory Bourke in 14-5291. Supreme Court Case No:14-574. (TLG) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
97

NOTICE RECEIVED FROM USCA - U.S. Supreme Court letter filed granting the petitions for writs of certiorari limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? 157 filed by Gregory Bourke.. Supreme Court Case No: 14-574, 01/16/2015.. [14-5291, 14-5818] (Cathryn Lovely) (TLG) (Entered: 01/21/2015)

Jan. 20, 2015

Jan. 20, 2015

PACER
98

.S. Supreme Court opinion filed : REVERSED. Supreme Court Case No: 14-574. [14-5291, 14-5818] (JBM) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

PACER
99

MOTION for Extension of Time to File Attorney Fee Petition ( Responses due by 8/6/2015), MOTION Assignment ( Responses due by 8/20/2015)by Plaintiffs Luther Barlowe, Gregory Bourke, Tamera Boyd, Paul Campion, Michael Deleon, Kimberly Franklin, I.D., I.D., Randell Johnson, M.J.-C., Jimmy Meade, T.J.-C., T.J.-C., Intervenor Plaintiffs Maurice Blanchard, Dominique James, Timothy Love, Lawrence M Ysunza (Attachments: # 1 Proposed Order) (Landenwich, Laura) (Entered: 07/26/2015)

1 Proposed Order

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July 26, 2015

July 26, 2015

PACER
100

Case Assignment (Random Selection): Case Assigned to Senior Judge Charles R. Simpson III. (MLG) (Entered: 07/27/2015)

July 27, 2015

July 27, 2015

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 26, 2013

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three same-sex couples who were Kentucky residents and were married under the laws of Iowa, California and Ontario.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Non-settlement Outcome

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

None

Amount Defendant Pays: 1,115,632.96

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Issues

General:

Adoption

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male