For the time being, same-sex marriages performed outside of Kentucky must now be recognized in that state.
U.S. District Judge John G. Heyburn today made final a ruling issued earlier this month in which he found that Kentucky’s marriage amendment and statutes violate the right to equal protection under the law.
“Those laws ... are void and unenforceable,” he said in a one page order.
Earlier today, Attorney General Jack Conway’s office asked Heyburn to stay enforcement of his ruling, but Heyburn did not address that motion and for now his ruling goes into effect.
Kentucky's Attorney General could decide to NOT appeal the decision. Conway's motion asked for the delay to give that office time to decide whether to appeal the Feb. 12 ruling and would give the state an opportunity to prepare to implement the order.
Some are betting AG Conway may join the six other state AG's in not defending or appealing such rulings.