Ky. ordered to recognize out-of-state same-sex marriages

LOUISVILLE, Ky. — Kentucky must recognize same-sex marriages performed in other states, according to a ruling by a federal judge, who struck down part of the state ban that he wrote treated ‘‘gay and lesbian persons differently in a way that demeans them.’’

In 23-page a ruling issued Wednesday, US District Judge John G. Heyburn II concluded that the government can define marriage and attach benefits to it, but cannot ‘‘impose a traditional or faith-based limitation without a sufficient justification for it.’’

‘‘Assigning a religious or traditional rationale for a law does not make it constitutional when that law discriminates against a class of people without other reasons,’’ wrote Heyburn, an appointee of President George H.W. Bush.


The decision in the socially conservative state comes against the backdrop of similar rulings or actions in states around the country where same-sex couples have long fought for the right to marry. The constitutional ban on same-sex marriage was approved by voters in 2004 and included the out-of-state clause.

The decision came in lawsuits brought by four gay and lesbian couples seeking to force the state to recognize their out-of-state marriages.

The ruling only requires Kentucky to recognize the marriages of gay and lesbian couples performed in other states or countries. It does not deal with the question of whether the state can be required to issue marriage licenses to same-sex couples, as that was not brought up in the four lawsuits.

With Heyburn’s ruling, Kentucky becomes one of 10 states where courts have reached similar conclusions. In other developments on the issue:

■  The American Civil Liberties Union filed a lawsuit Wednesday seeking to force Missouri to recognize same-sex marriages performed in states or countries that allow them.

■  A gay rights group in Louisiana said it is planning a legal challenge to the state Constitution’s prohibition against recognizing gay marriages performed legally in other states.


■  A lawyer representing Texas asked a US judge Wednesday to reject pleas from two gay couples to suspend the state constitution’s definition of marriage as between a man and woman.