Case: Franklin v. Beshear

3:13-cv-00946 | U.S. District Court for the Western District of Kentucky

Filed Date: Aug. 16, 2013

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On August 16, 2013, a same-sex couple filed a lawsuit in the U.S. District Court for the Western District of Kentucky against the state of Kentucky. The plaintiff, represented by private counsel, asked the court to declare that Kentucky laws banning same-sex marriage were unconstitutional, enter a permanent injunction enjoining the defendants from enforcing the ban on the plaintiffs or any other same-sex couple, and to award the plaintiffs costs of suit and reasonable attorneys' fees.The plaint…

On August 16, 2013, a same-sex couple filed a lawsuit in the U.S. District Court for the Western District of Kentucky against the state of Kentucky. The plaintiff, represented by private counsel, asked the court to declare that Kentucky laws banning same-sex marriage were unconstitutional, enter a permanent injunction enjoining the defendants from enforcing the ban on the plaintiffs or any other same-sex couple, and to award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs alleged that Kentucky's laws against same-sex marriage violated the constitutional rights guaranteed to them by the Due Process and Equal Protection Clauses. They claimed that the prohibition of same-sex marriage interfered with the flow of public and private benefits between the couple and interfered with their ability to build their family.

On October 8th, 2013, the case was reassigned to Judge John G. Heyburn, II. There was very little activity involving this case until February 12, 2014, when the court dismissed the case without prejudice.

Summary Authors

Megan Dolan (7/18/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4268872/parties/franklin-v-breshear/


Judge(s)

Heyburn, John Gilpin II (Kentucky)

Attorneys(s) for Plaintiff

Elliott, Dawn R. (Kentucky)

Fauver, Shannon Renee (Kentucky)

Attorneys(s) for Defendant

Barkley, Clay A. (Kentucky)

Gadansky, Chris J. (Kentucky)

Judy, Brian (Kentucky)

Watson, Robert T. (Kentucky)

Judge(s)

Heyburn, John Gilpin II (Kentucky)

Attorneys(s) for Plaintiff

Elliott, Dawn R. (Kentucky)

Fauver, Shannon Renee (Kentucky)

Attorneys(s) for Defendant

Barkley, Clay A. (Kentucky)

Gadansky, Chris J. (Kentucky)

Judy, Brian (Kentucky)

Watson, Robert T. (Kentucky)

Documents in the Clearinghouse

Document

Docket [PACER]

U.S. District Court for the Eastern District of Kentucky

Feb. 12, 2014 Docket
1

Complaint for Declaratory and Injunctive Relief

U.S. District Court for the Eastern District of Kentucky

Aug. 16, 2013 Complaint
23

Order [Dismissing Case]

U.S. District Court for the Eastern District of Kentucky

Feb. 11, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4268872/franklin-v-breshear/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $400; receipt number 0643-2724379), filed by Kimberly Franklin, Sue Carol Perry. (Attachments: # 1 Case Assignment, # 2 Exhibit - Marriage Certificate, # 3 Summons)(CBD) Modified text to match caption on 8/19/2013 (CBD). [Transferred from kyed on 10/2/2013.] (Entered: 08/19/2013)

1 Case Assignment

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2 Exhibit - Marriage Certificate

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3 Summons

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Aug. 16, 2013 PACER
2

Summons Issued as to Steve Breshear, Jack Conway, Sue Carol Perry; Summons issued and returned to counsel by U.S. Mail for service by Kentucky Secretary of State. (CBD) [Transferred from kyed on 10/2/2013.] (Entered: 08/19/2013)

Aug. 16, 2013 PACER
3

NOTICE TO ATTORNEY Dawn Elliott by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Attorney Routing Form)(CBD) [Transferred from kyed on 10/2/2013.] (Entered: 08/27/2013)

1 Attorney Routing Form

View on PACER

Aug. 27, 2013 PACER
4

CERTIFIED MAIL RECEIPTS to Kentucky Secretary of State received 8/26/2013 re 2 Summons Issued. (CBD) (Main Document 4 replaced with same image minus extra blank page on 9/5/2013) (CBD). [Transferred from kyed on 10/2/2013.] (Entered: 08/27/2013)

Aug. 27, 2013 PACER
5

NOTICE by Tamera Boyd re 1 Complaint, of corrected summons (Attachments: # 1 Summons)(Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 08/30/2013)

1 Summons

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Aug. 30, 2013 PACER
6

Summons Returned Unexecuted by Tamera Boyd as to Sue Carroll and Jack Conway. (Fauver, Shannon) Modified by adding text to better describe pleading on 9/3/2013 (AKR). [Transferred from kyed on 10/2/2013.] (Entered: 08/30/2013)

Aug. 30, 2013 PACER
7

Summons Returned Unexecuted by Kimberly Franklin as to Steve Breshear. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Sept. 3, 2013 PACER
8

Summons Issued as to Steve Breshear; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Sept. 3, 2013 PACER
9

Summons Issued as to Jack Conway; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Sept. 3, 2013 PACER
10

Summons Issued as to Sue Carroll; Summons issued and returned to counsel electronically. (AKR) [Transferred from kyed on 10/2/2013.] (Entered: 09/03/2013)

Sept. 3, 2013 PACER
11

SUMMONS Returned Executed by Tamera Boyd via Process Server to Sue Carol Perry served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

Sept. 6, 2013 PACER
12

SUMMONS Returned Executed by Tamera Boyd via Process Server to Jack Conway served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

Sept. 6, 2013 PACER
13

SUMMONS Returned Executed by Tamera Boyd via Process Server to Steve Breshear served on 9/4/2013, answer due 9/25/2013. (Fauver, Shannon) [Transferred from kyed on 10/2/2013.] (Entered: 09/06/2013)

Sept. 6, 2013 PACER
14

MOTION to Dismiss for failure to state a claim by Sue Carol Perry (Attachments: # 1 Memorandum in Support of Defendant's Motion to Dismiss, # 2 Proposed Order Granting Defendant's Motion to Dismiss)(Gadansky, Chris)[Transferred from kyed on 10/2/2013.] Modified on 10/21/2013 untermed motion per ARM (TLB). (Entered: 09/25/2013)

1 Memorandum in Support of Defendant's Motion to Dismiss

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2 Proposed Order Granting Defendant's Motion to Dismiss

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Sept. 25, 2013 PACER
15

JOINT MOTION to Change Venue by Tamera Boyd, Kimberly Franklin, Sue Carol Perry, Steve Breshear, Jack Conway (Attachments: # 1 Proposed Order)(Barkley, Clay) Modified by adding all filers and text to better describe pleading on 9/26/2013 (AKR). [Transferred from kyed on 10/2/2013.] (Entered: 09/25/2013)

1 Proposed Order

View on PACER

Sept. 25, 2013 PACER
16

ANSWER to 1 Complaint, by Steve Breshear, Jack Conway.(Barkley, Clay) [Transferred from kyed on 10/2/2013.] (Entered: 09/25/2013)

Sept. 25, 2013 RECAP
17

NOTICE OF FILING by Steve Breshear, Jack Conway re 16 Answer to Complaint Certificate of Service (Barkley, Clay) [Transferred from kyed on 10/2/2013.] (Entered: 10/02/2013)

Oct. 2, 2013 PACER
18

ORDER: The Court being sufficiently advised, this case is hereby transferred, in the interest of justice and for the convenience of the parties and witnesses pursuant to 28 USC § 1404, to the Western District of Kentucky, to be consolidated with the earlier filed and currently pending case of Bourke, et al. v. Steve Beshear, et aI., No.3: 13-CV -750. This transfer includes all pleadings filed to date. It is so ordered (AKR)cc: COR [Transferred from kyed on 10/2/2013.] (Entered: 10/02/2013)

Oct. 2, 2013 RECAP
19

Case transferred in from District of Kentucky Eastern; Case Number 3:13-cv-00051. Original file certified copy of transfer order and docket sheet received. (JBM) (Entered: 10/02/2013)

1 *Restricted*

View on PACER

Oct. 2, 2013 PACER
20

Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. Magistrate designation: Dave Whalin. (JBM) (Entered: 10/02/2013)

Oct. 2, 2013 PACER
21

ORDER REASSIGNING CASE. Case reassigned to Judge John G. Heyburn, II for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case.cc:counsel (MM) (Entered: 10/08/2013)

Oct. 8, 2013 RECAP
22

ORDER by Judge John G. Heyburn, II on 10/17/2013. 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: 10/18/2013)

Oct. 18, 2013 RECAP
23

ORDER by Judge John G. Heyburn, II on 2/11/2014 Dismissing Case Without Prejudice.cc:counsel (DAK) (Entered: 02/12/2014)

Feb. 12, 2014 RECAP

State / Territory: Kentucky

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Aug. 16, 2013

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a same-sex couple residing in Kentucky who married in Connecticut in 2010.

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:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male