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Kentucky Constitutional Amendment 1 [3] of 2004, is an amendment to the Kentucky Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 75% of the voters.
The first legally-recognized same-sex marriage occurred in Minneapolis, [3] Minnesota, in 1971. [4] On June 26, 2015, in the case of Obergefell v. Hodges, the Supreme Court overturned Baker v. Nelson and ruled that marriage is a fundamental right guaranteed to all citizens, and thus legalized same-sex marriage nationwide.
The county clerk from Kentucky who went to jail rather than issue marriage licenses to gay couples said the licenses being granted by her staff are invalid
(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy. (2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
Kentucky lawmakers later changed the rules to remove county clerks’ names from marriage licenses. However, several couples who had been turned away at Davis’ office in the summer of 2015 sued her.
A county clerk in Kentucky who has refused to issue marriage licenses to same-sex couples based on her religious beliefs heads to court on Thursday.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
Kentucky's new governor ordered county clerks' names removed from state marriage license forms at the center of a controversy involving Kim Davis.