Kentucky will appeal gay marriage ruling without attorney general

Kentucky Gov. Steve Beshear said Tuesday that the state will hire outside attorneys to appeal a judge's decision granting legal recognition to same-sex couples married in other jurisdictions and countries after Kentucky's attorney general announced he would not pursue the case further.

The contrasting decisions from two Democrats come four days after a federal judge gave the socially conservative state 21 days to implement a ruling overturning a voter-imposed ban on recognizing same-sex unions.

The disagreement comes against the backdrop of similar rulings and actions in several other states where same-sex couples have long fought for the right to marry. Gay marriage advocates have enjoyed a stunning series of legal victories as judges have overturned voter-approved bans in Texas, Oklahoma, Utah and Virginia, although the matter is not expected to be decided for good until appeals reach the U.S. Supreme Court.

Kentucky Attorney General Jack Conway said at a news conference that he decided he would not appeal the case because "I would be defending discrimination. That I will not do."

Minutes later, Beshear said the state would go through with the appeal without Conway. Beshear said in a written statement that the potential for "legal chaos is real" if a delay is not issued in the case while it is appealed.

"Other Kentucky courts may reach different and conflicting decisions," Beshear said. "Employers, health care providers, governmental agencies and others faced with changing rules need a clear and certain road map. Also, people may take action based on this decision only to be placed at a disadvantage should a higher court reverse the decision."

U.S. District Judge John G. Heyburn issued an opinion on Feb. 12 that Kentucky's ban on recognizing same-sex marriages violates the equal protection clause in the 14th Amendment because it treats "gay and lesbian persons differently in a way that demeans them." 

The decision arose from a lawsuit filed by two couples who were married in other states or countries over the past 10 years. The couples sought to force the state to recognize their unions as legal. Heyburn's ruling does not require Kentucky to issue marriage licenses to same-sex couples; that is the subject of a separate but related lawsuit. Heyburn expects to rule on that issue by summer.

Kentucky's constitutional amendment banning same-sex marriage was approved by voters in 2004 and includes the out-of-state clause.

Unless a higher court steps in and stops enforcement of the ruling, the state will have to allow same-sex couples married elsewhere to change their names on official identifications and documents and obtain all other benefits of married couples in Kentucky.

A federal judge in Texas last week struck down that state's gay marriage ban but immediately stayed the implementation of his ruling, pending appeals by the state. In January the U.S. Supreme Court put a hold on a decision in Utah recognizing same-sex marriages.

The Associated Press