5:35pm

Thu February 27, 2014
The Commonwealth

Ky. State Senator Prepared to File for Third-Party Appeal of Same-Sex Marriage Ruling

A Republican state senator says he intends to file a bill that would permit a third-party to appeal a ruling that says Kentucky’s ban on same-sex marriages is unconstitutional. Sen. Dan Seum tells Kentucky Public Radio that if Attorney General Jack Conway decides not to appeal a decision by Judge John Heyburn that nullifies the state’s ban on gay marriage, his bill would allow others to do so. 

Ky. Attorney General Jack Conway. If Conway decides not to appeal a decision by Judge John Heyburn that nullifies the state’s ban on gay marriage, a bill sponsored by Sen. Dan Seum would allow others to do so.

“We’re looking at the potential to file legislation that would allow some other group or some other person to intervene in the ruling other than the Attorney General," said Seum.  "Right now, as I understand it, only the Attorney General can intervene in this case, so we would maybe look at legislation that we could actually allow someone else to do that.”

A spokeswoman for Conway’s office says that the law doesn’t need to be changed and that Conway has defended the law appropriately to date.

Conway has asked for a 90-day stay to decide whether or not to appeal the ruling, which allows out-of-state same-sex couples to be legally recognized in the state of Kentucky.

Earlier Thursday from the Associated Press

LOUISVILLE, Ky. (AP) — A federal judge has signed an order directing officials in Kentucky to immediately recognize same-sex marriages performed in other states and countries.

U.S. District Judge John G. Heyburn II on Thursday issued a final order throwing out part of the state's ban on gay marriages. The order makes official his Feb. 12 ruling that Kentucky's ban on same-sex marriages treated "gay and lesbian persons differently in a way that demeans them."

The order means same-sex couples may change their names on official identifications and documents and obtain any other benefits of a married couple in Kentucky. The order doesn't affect a related lawsuit seeking to force the state to issue marriage licenses to same-sex couples.

Kentucky's attorney general has asked for a delay, which hasn't been ruled upon.

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