Case: Kentucky Equality Federation v. Beshear

13-01074 | Kentucky state trial court

Filed Date: Sept. 10, 2013

Closed Date: 2015

Clearinghouse coding complete

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, 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 constituti…

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.

Summary Authors

Gabriela Hybel (2/6/2017)

Related Cases

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

People


Judge(s)

Wingate, Thomas (Kentucky)

Judge(s)

Wingate, Thomas (Kentucky)

Documents in the Clearinghouse

Document

Complaint for Declaratory Judgment and Injunctive Relief

Sept. 10, 2013 Complaint

Resources

Title Description External URL

Kentucky Equality Federation v. Beshear

Lambda Legal

Surviving spouse seeking to be appointed personal representative under Florida Probate Code (which only allows out-of-state “spouses” to be appointed) challenged Florida’s ban on recognizing marriage… March 13, 2015 https://www.lambdalegal.org/node/29446

Docket

Last updated May 11, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Kentucky

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Sept. 10, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two same-sex couples seeking recognition of their marriages within the state of Kentucky

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Commonwealth of Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation