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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.
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.
The lead cases on same-sex marriage in Kentucky are Bourke v. Beshear, and its companion case Love v.Beshear.In Bourke, a U.S. district court found that the Equal Protection Clause requires Kentucky to recognize valid same-sex marriages from other jurisdictions. [1]
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
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.
A former Kentucky county clerk who refused to issue marriage licenses to same-sex couples a decade ago is appealing a ruling ordering her to pay thousands in attorney fees.
A clerk in her office later issued licenses to gay couples, and the Kentucky legislature ultimately changed the state marriage form so it doesn’t display the name of the county clerk.
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.