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Kentucky Equality Federation v. Beshear

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Kentucky Equality Federation v. Beshear (also known as Kentucky Equality Federation v. Commonwealth of Kentucky) is an American state-level court case started on September 10, 2013 in which the Kentucky Equality Federation sued the Commonwealth of Kentucky in Franklin Circuit Court claiming Kentucky's 2004 Constitutional Amendment banning same-sex marriage violated sections of the commonwealth's constitution.[1] Case # 13-CI-1074 was assigned by the Franklin County Court Clerk[2] (the location of the Kentucky State Capitol). The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq. Jordan Palmer stated to the media that:

Kentucky added a facially unconstitutional amendment to its constitution via a ballot initiative process. Thus, the attempt to abrogate constitutional sensibilities in favor of a ballot initiative, as was done for Section 233A of the Kentucky Constitution in 2004, is against the very notion of equal protection as guaranteed to each and all of Kentucky's population. This should be held as true as a matter of law by the Courts, regardless of the ballot's outcome.[3]

Ruling

On April 16, 2015, Kentucky Equality Federation v. Beshear was ruled on by Franklin County Circuit Court Judge Thomas D. Wingate. Judge Wingate sided with Kentucky Equality Federation against the Commonwealth and struck down Kentucky Constitutional Amendment banning same-sex marriages. At the request of Governor Steve Beshear's legal representation, the Judge also placed a stay on the order pending a ruling from a Kentucky appellate court (such as the Kentucky Court of Appeals or Kentucky's court of last resort, the Kentucky Supreme Court) or the U.S. Supreme Court.[4][5] The lawsuit was a significant victory for the Kentucky Equality Federation and the same-sex marriage civil rights movement.

Kentucky's statutory and constitutional bans on same-sex marriage void and unenforceable for violating Plaintiff and Plaintiff's Members Constitutional Rights, ruled Judge Wingate.[3]

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See also

References

  1. ^ "Group files lawsuit challenging Kentucky's ban on same-sex marriage". Lexington Herald-Leader. 2013-09-12. Retrieved 2014-01-01.
  2. ^ "Kentucky Equality Federation v Commonwealth of Kentucky digital copy" (Press release). Lez Get Real. 2013-09-13. Retrieved 2014-01-01.
  3. ^ a b "Kentucky Equality Federation sues the Commonwealth of Kentucky for marriage equality (digital copy listed on press release)" (Press release). Kentucky Equality Federation. 2013-09-12. Retrieved 2014-01-01. Cite error: The named reference "Kentucky Equality Federation sues the Commonwealth of Kentucky for marriage equality." was defined multiple times with different content (see the help page).
  4. ^ Loftus, Tom (April 16, 2015). "Kentucky judge rules against gay marriage ban". The Courier-Journal. Retrieved July 14, 2015.
  5. ^ "Kentucky Judge rules in favor of Kentucky Equality Federation and gay marriage". Kentucky Equality Federation Official Facebook Page. 2015-04-16. Retrieved 2015-07-14.
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