Gay Marriage Laws in Kentucky

In Kentucky, gay marriage is not currently legal. In fact, the state currently has the Defense of Marriage Act written into their Constitution and the state's law. The state's Constitution defines marriage as a union between a man and a woman in Section 233A. In fact, the language was approved by the voters with nearly 75 percent of the votes.The language also stated that no union , other than marriage, would be recognized by the state. Effectively, there was to be no legal recognition of any same sex relationships. In Kentucky, marriage consists of a union of an opposite sex couple.

In Kentucky, marriage has apparently always been defined as a union between a man and a woman. In fact, case law goes back to 1970 at which time a lesbian couple attempted to get married. The state claimed that even though they did not currently define marriage in their constitution, it was always known to be a union between two opposite sex individuals.

The state claimed that refusal of a marriage license was based on recorded history which only referenced marriage as a union between a man and a woman. In essence, Kentucky marriage was defined in manner to exclude same sex marriage. In addition, Kentucky revised statutes to prohibit marriage between same sex couples. Section 402.005 defined Kentucky marriage as legal only if it conformed to their constitutional definition. In Kentucky, gay couples are explicitly forbidden from legally recognizing their relationship.


In Kentucky, gay marriage is banned in the state's Constitution and in Statutes. In fact, the laws banning same sex marriage are very clear and explicit in Kentucky. Gay marriage, and other same sex relationships, receive no legal recognition whatsoever in Kentucky. Marriage is clearly defined in law, several times, to avoid any allowance for same sex couples.

In fact, the law clearly states that it will no recognize any same sex relationship, even couples that were legally married in another state. In Kentucky, gay couples are not entitled to any rights and responsibilities that are usually afforded to marriage. This includes issues pertaining to health care decisions, health insurance, the right to own joint property and even the right to divorce. In fact, no individuals can be ordered to pay alimony or to divide property.


In Kentucky, gay rights are treated differently then the rights of the rest of the citizens of the state. In fact, Kentucky laws relating to same sex relationships, are quite obviously discriminatory.