Kentucky LGBT Laws

On 18 February 2016, the Kentucky Supreme Court reversed the Court of Appeal’s order and reinstated the Kenton County Family Court’s order granting non-biological parent Amy’s motion to intervene in the step-parent adoption action by Wesley – whom the biological mother of the child Laura and Amy’s her former partner Melissa, married after Amy and she separated – allowing Amy’s custody and visitation action to proceed [C1.4], [R1.3].

On 31 August 2012, the Kentucky Court of Appeals refused to restore sole custody to a mother who claimed that her 5-year-old daughter was transgender and would be raised as a boy, affirming joint custody and the biological father as primary custodial parent [C1.2], [R1.1].

On 02 April 2010, Western Kentucky University approved a measure to recognize domestic partners of faculty and staff and offer them health insurance starting in 2011, joining University of Louisville, the University of Kentucky, and Northern Kentucky University in offering such benefits [R1.2].

In March 2008, a Kentucky senate bill that would have barred state agencies and schools from providing health insurance for the domestic partners of employees was killed by a committee in the state house of representatives [R1.1].

Under changes made by Lexington Mayor Teresa Isaac in the city’s health care plan, domestic partners of city employees will receive health insurance coverage starting July 1 [R2.1].

To receive the benefits, employees and their partners must sign a declaration that says they have lived together and been in the relationship for six months; they are at least 18 years old; they plan to live together indefinitely; and they “are engaged in a committed relationship of mutual caring and support” [R2.1].

They must also show examples of interdependence, such as joint bank accounts or common ownership of a motor vehicle or property [R2.1].

In a 11-4 vote, the council took the first step in placing a moratorium until October on the domestic partner benefits [R2.2].

No other known municipalities make domestic partner benefits available to same-sex couples.

On 23 September 2013, Judge Susan Schultz Gibson ruled that it is “abundantly clear” under Kentucky law that same-sex marriages will not be recognized as valid within the state or recognized from other states and that that Geneva Case, the same-sex spouse of murder defendant Bobbie Jo Clary, must testify against Clary in her upcoming murder trial, even though state law exempts spouses from being compelled to testify against each other [C3.5], [R3.4].

On 16 August 2013, Jefferson County Judge Susan Schultz Gibson is expected to rule on the question of whether Geneva Case, one member of a 2004 Vermont civil union same-sex couple, has spousal privilege that would shield her from testifying against her partner Bobbie Jo Clary in a capital murder case. Trial is set for 30 August [R3.3].

On 30 June 2013, Jefferson Circuit Court Judge Susan Schultz Gibson will hear the Bobbie Joe Clary case raising the issue of whether same-sex spouses are exempt from being compelled to testify against each other and the broader issue of whether the state recognizes marriages or civil unions that are legal elsewhere. In 2004, Case and Clary entered into a civil union in Vermont [C3.2], [R3.1].

On 15 March 2016, Senate Bill 180 was passed 22-16 and sent to the House. The Bill provides that ”no statute, regulation, ordinance, order, judgment, or other law or action by any court, commission, or other public agency shall impair, impede, infringe upon, or otherwise restrict the exercise of protected rights by any protected activity provider” allowing business owners to reject LGBT clients because of their religious beliefs [R1.4].

On 26 March 2013, the House of Representatives and the Senate voted overwhelmingly to override Governor Beshear’s veto, meaning House Bill 279 will pass into law, requiring state infringements on a person’s religious belief to be justified by “compelling” interest for the law, rather than “reasonable” interest, assessed on a case-by-case basis [R1.3].

On 22 March 2013, Governor Steve Beshear vetoed House Bill 279, which proposed to give legal protection from prosecution to those who “act or refuse to act in a manner motivated by a sincerely held religious belief”. On 01 March 2013, the House passed the Bill 82–7, with 11 abstentions and it was due to go to the Senate [R1.2].

On 20 May 2003, Gov. Paul Patton signed an executive order prohibiting discrimination against state employees on the basis of their gender identity or sexual orientation, covering 30,000 employees of the governor’s executive cabinet agencies [R1.1].

In February 2000, the House of Representatives passed a bill allowing churches to refuse to rent their facilities to gays and lesbians, atheists and others who violate their religious beliefs [R1.2].

In October 1999, Jefferson County made employment, housing and public accommodations discrimination on the basis of sexual orientation or gender identity unlawful [R2.1].

On 09 January 2018, the Paducah City Commission voted 4-1 to repeal and replace the Human Rights Commission ordinance (chapter 58 in the Paducah Code of Ordinances) to include an anti-discrimination ordinance that protects the rights of gay, lesbian and transgender residents [R3.11].

On 01 June 2015, the Midway City Council passed 4-2 a Fairness Ordinance, which will prohibit discrimination in employment, housing, and public accommodations against lesbian, gay, bisexual, and transgender (LGBT) people. The ordinance takes effect with publication in The Woodford Sun [R3.10].

On 27 May 2014, on the first reading Danville City Commission voted 3-2 to alter a proposed gay rights ordinance to exempt religious groups. The commission will vote on a second reading next month [R3.9].

On 09 December 2013, the Morehead City Council unanimously approved an anti-discrimination Fairness ordinance, extending discrimination protections in employment, housing, and public accommodations to lesbian, gay, bisexual, and transgender people [R3.8].

On 29 August 2013, the Frankfort Board of Commissioners voted 3-2 to enact a “fairness” ordinance that prohibits discrimination in employment, housing, and public accommodations based on someone’s actual or perceived sexual orientation or gender identity [R3.7].

On 14 January 2013, the city commission of Vicco enacted a gay-rights ordinance that prohibits discrimination based on sexual orientation or gender identity [R3.6].

In April 2003, Covington city commissioners unanimously voted to expand the city’s human rights ordinance to prohibit discrimination based on sexual orientation. The measure applies to employment, housing and public accommodations, such as restaurants [R3.5] and hotels.

In 1999-2000, the City of Louisville made employment, housing and public accommodations discrimination on the basis of sexual orientation or gender identity unlawful [R2.1].

On 26 January 1999, the Louisville Board of Aldermen adopted an ordinance that bans workplace discrimination based on sexual orientation [R3.4].

In July 1999, Lexington council passed 12–3 an ordinance banning discrimination on the basis of sexual orientation [R3.3].

In March 2001, the Henderson city council voted 3–2 to repeal an ordinance banning bias based on sexual orientation in employment and public accommodations [R3.2].

In September 1999, with a three-to-two vote in favor of a controversial gay-rights ordinance, Henderson became the third Kentucky city to outlaw discrimination based on sexual orientation [R3.1].

On 29 November 2017, it was reported that the Kentucky Supreme Court would hear the appeal in the Lexington-Fayette Urban County Human Rights Commission v. Hands-On Originals case on a date to be fixed (see below) [R4.10].

On 15 May 2017, the Lexington Fayette Urban County Human Rights Commission unanimously voted to file for a discretionary review of the Commonwealth of Kentucky Court of Appeals Decision dated May 12, 2017 in which the Court of Appeals found in favor of the Appellee, Hands on Originals, Inc., ruling it did not discriminate when refusing in 2012 to create shirts promoting the Lexington Pride Festival [D4.9], [R4.8].

On 12 May 2017, the Court of Appeals held 2-1 that Hands On Originals, a Christian company that prints messages on T-shirts, pens, mugs and other accessories, did not discriminate when refusing in 2012 to create shirts promoting the Lexington Pride Festival [C4.7], [R4.6].

On 27 April 2015, Judge James D Ishmael Jr., in the Fayette Circuit Court reversed the Human Rights Commission opinion and order finding that Hands on Originals violated the county’s “Fairness Ordinance” by discriminating against the Gay and Lesbian Services Organization in refusing to print its t-shirts. The Judge found the refusal was based on sincerely held religious beliefs concerning the message of GLSO and the Pride Festival and not on the sexual orientation of its representatives or members and that the HRC’s actions violated the Kentucky Religious Freedom Restoration Act [C4.5], [R4.4].

On 08 June 2001, the Kentucky Court of Appeals held that Jefferson County’s broader gay-rights law, which protects against bias in the workplace, housing and public accommodations overrides the more limited City of Louisville ordinance against employment discrimination as well as other similar city ordinances in Jefferson county [R4.3].

On 22 March 2001, a three-judge panel of the U.S. Court of Appeals dismissed a Louisville gynecologist’s lawsuit that challenged the ordinances in Louisville and Jefferson County prohibiting discrimination based on sexual orientation, which means that the two ordinances, which are identical, will be in place when merger takes effect [R4.2].

Previously:

On 10 March 2000, a circuit court judge ruled that Louisville and 90 other municipalities in Jefferson County are excluded from the broad gay rights law that the county’s fiscal court enacted last October barring discrimination against gays in employment, housing and public accommodations [R4.1].

On 07 August 2015, Terri Stallard wrote of the need post the Obergefell Supreme Court decision for married couples to review their estate plans, including a Power of Attorney for both financial and health care purposes and a health care directive, also known as a “living will” [R1.1].

On 24 July 2012, Judge Alan Stout in the US District Court for Western Kentucky granted gay couple Bob Joles and Joey Lester, who married in New York in May, the right to file for Chapter 13 bankruptcy together [R2.1].

Kentucky has banned gender-identity discrimination in the executive branch of state government through an executive order [R1.1].

In 1998, hate crimes based on sexual orientation were made an aggravating circumstance [R1.1].

On 24 October 2012, jurors acquitted cousins Anthony Ray Jenkins and David Jason Jenkins of hate-crime charges while finding them guilty of kidnapping in a 2011 attack on 29-year-old Kevin Pennington [R2.3].

On 15 October 2012, in a national first, US District Judge Gregory F. Van Tatenhove upheld the Federal hate-crimes law dealing with sexual orientation, sending David Jason Jenkins (37) and his cousin, Anthony Ray Jenkins (22) to trial for allegedly beating Kevin Pennington (29), a gay Letcher County man in April 2011 because of his sexual orientation [C2.2], [R2.1].

State law requires that a patient’s HIV infection be kept confidential – with very few exceptions that do not include employers [R1.1].

The Kentucky Revised Statutes Chapter 510.00 provides:

510.100 Sodomy in the fourth degree.

(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex [L1.1].

On 26 June 2003, the US Supreme Court ruled in Lawrence & Garner -v- Texas that a similar law in Texas making sodomy unlawful was an unconstitutional violation of privacy and this judgment is thought to nullify or invalidate the Kentucky law [C2.2], [R2.1].

On 13 April 2016, Governor Matt Bevin signed into law bill SB216 creating one marriage license form for gay and straight couples. Upon the measure becoming law ”this summer”, marriage license applicants would have the option of checking “bride,” ”groom” or “spouse” beside their name [R1.2].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C2.32], [R2.31]. See 2. Courts & Tribunals below .

Kentucky law prohibits same-sex marriage and does not recognise lawful out of state marriages.

In 1973, more than two decades ago, a Kentucky court in Jones v. Hallahan, 501 S.W.2d 588 (Ky. 1973), summarily rejected constitutional challenges based on the right to marry, the right of association, and the right to the free exercise of religion [R1.1].

In April 2004, the Senate voted 33-5 giving final approval yesterday to a constitutional amendment banning same-sex marriage, following an 85-11 vote by the House late 12 April 2004 and putting the issue on the November ballot for voters to decide [R1.2].

A three-fifths vote in each chamber was required, and the amendment bypasses the governor and goes directly to the ballot [R1.2].

It will be the only constitutional amendment to be decided by voters in November 2004 [R1.2].

On 23 October 2017, US District Judge David L Bunning denied the request of Governor Matt Bevin to reconsider his 21 July ruling in ”April Miller, et al v. Kim Davis” and affirmed that Kentucky taxpayers still owe nearly $225,000 in legal fees and court costs to the couples for refusing to issue marriage licenses because of the opposition of Rowan County Clerk Kim Davis to same-sex marriage [C2.60], [R2.59].

On 21 July 2017, Judge David L Bunning in the US District Court awarded attorney fees and costs amounting to $224,703.08 to the plaintiffs April Miller, et al., who were refused marriage licenses by Rowan County Clerk Kim Davis, holding the State of Kentucky liable [C2.58], [R2.57].

On 02 May 2017, the US Court of Appeals for the Sixth Circuit revived a damages lawsuit against Kim Davis, the Kentucky county clerk who in 2015 refused to grant marriage licenses to same-sex couples because it conflicted with her Christian beliefs, ruling the lower court judge erred in finding that damages claims by David Ermold and David Moore became moot, after a new state law last July excused clerks like Davis, from Rowan County, from having to sign marriage license forms [C2.56], [R2.55].

On 13 July 2016, the US Court of Appeals for the Sixth Circuit declined to vacate a contempt ruling that sent Rowan County Clerk Kim Davis to jail last September after she refused to issue marriage licenses for gay couples but lifted the 12 August 2015 and 03 September 2015 injunctions, the law being changed by Senate Bill 216 signed by the Governor on 13 April 2016 [C2.54], [R2.53].

On 05 November 2015, US Court of Appeals for the Sixth Circuit denied the latest bid by County Clerk Kim Davis to delay issuing marriage licenses to same-sex couples [R2.52].

On 23 September 2015, Judge David L Bunning in the US District Court in the April Miller, et al. v. Kim Davis same-sex marriage case denied the Emergency Motion to Stay the Court’s Injunction Order of 03 September 2015 Pending Appeal filed by Kim Davis [C2.51], [R2.50].

On 15 September 2015, the US Court of Appeals for the Sixth Circuit refused the application of Rowan County Clerk Kim Davis seeking to prevent Beshear and Onkst from enforcing against her a directive requiring all Kentucky county clerks to issue marriage licenses to same-sex couples and exempting her from issuing marriage licenses pending her appeal [C2.49], [R2.48].

On 11 September 2015, an Emergency Motion was filed in the US Court of Appeals for the Sixth Circuit on behalf of Kim Davis seeking a stay of the 03 September District Court’s injunction order requiring her to issue marriage licenses pending the appeal hearing [C2.47], [R2.46].

On 08 September 2015, US District Judge David Bunning lifted the contempt order against Rowan County Clerk Kim Davis, saying he was satisfied that her deputies were fulfilling their obligation to grant marriage licenses to same-sex couples writing, “If Defendant Davis should interfere in any way [directly or indirectly] with their issuance [of marriage licenses], that will be considered a violation of this Order and appropriate sanctions will be considered” [C2.45], [R2.44].

On 04 September 2015, it was reported that US District Court Judge David Bunning found Rowan county clerk Kim Davis in contempt of court for refusing to issue marriage licenses and sent her to jail [R2.43].

On 31 August 2015, without any apparent dissent, the US Supreme Court refused Rowan County Clerk Kim Davis’ plea for protection from having to issue marriage licenses, including licenses for same-sex partners, to which she objects as a matter of faith. Davis has an appeal pending in the US Court of Appeals for the Sixth Circuit (April Miller, et al. v. Kim Davis, No. 15-5880) arguing that her constitutional right to freedom of conscience should give her an exemption from having any part in the licensing process that would lead to same-sex marriages and may appeal an adverse decision to the US Supreme Court [C2.42], [R2.41].

On 28 August 2015, Rowan County Clerk Kim Davis asked Supreme Court Justice Elena Kagan for an emergency order that would allow the clerk to deny marriage licenses for same-sex couples [C2.40], [R2.39].

On 26 August 2015, the Sixth Circuit Court of Appeals denied the application of Rowan County Clerk Kim Davis for a stay of the US District Court preliminary injunction enjoining her, in her official capacity, from applying her ‘no marriage licenses’ policy to future marriage license requests, pending the hearing of her appeal [C2.38], [R2.37].

On 17 August 2015, US District Judge David L Bunning issued a temporary stay on his injunction, until August 31, to allow Davis to seek a stay from the Sixth Circuit as she proceeds with her appeal [C2.36], [R2.35].

On 12 August 2015, US District Judge David L Bunning granted a preliminary injunction against Rowan County Clerk Kim Davis who refused to issue same-sex marriage licenses because of her religious beliefs and adopted a policy of not issuing marriage licenses to any couples. The Court essentially held that personal religious beliefs do not exempt government officials from performing the duties of public office [C2.34], [R2.33].

On 26 June 2013, the US Supreme Court ruled 5-4 that same-sex couples have the constitutional right to marry and all states must fully recognize same-sex marriages lawfully performed in any jurisdiction [C2.32, [R2.31].

On 16 April 2015, Franklin Circuit Court Judge Thomas Wingate ruled in favor of same-sex marriage in Kentucky but stayed the effect of his order pending the U.S. Supreme Court’s decision on same-sex marriage [R2.30].

On 16 January 2015, the US Supreme Court agreed to consider the four same-sex marriage cases from Kentucky, Michigan, Ohio and Tennessee, consolidated and heard together on the question as to whether the Fourteenth Amendment requires states to licence same-sex marriage and to recognize out-of-state same-sex marriages. A ruling is expected before the current term ends in late June [C2.29], [R2.28].

On 29 December 2014, Jefferson Family Court Judge Joseph O’Reilly granted the divorce of Alysha Romero and Rebecca Sue Romero, two Louisville women who were legally married 2009 in Bostom, Massachusetts. It is the first ruling of its kind in Kentucky [C2.27], [R2.26].

On 23 December 2014, the US Supreme Court confirmed that the same-sex marriage cases of Bourke v. Bashear (Kentucky) , DeBoer v. Snyder (Michigan), Obergefell v. Hodges (Ohio) and Tango v. Haslam (Tennessee) were distributed to the Justices for consideration at their 09 January Conference, when the case of Robicheaux v. George (Louisiana) will also be conferenced [R2.25].

On 17 November 2014, petitions were filed in the US Supreme Court seeking a review of the 6th Circuit Court of Appeals opinion upholding the same-sex marriage bans in Timothy Love, et al., and Gregory Bourke, et al., v. Steve Beshear [C2.24], [R2.23].

On 06 November 2014, the US Court of Appeals for the Sixth Circuit upheld same-sex marriaage bans in Kentucky, Michigan, Ohio, and Tennessee. In contrast, the Fourth, Seventh, and Tenth Circuits have struck the bans down, making it more likely that the US Supreme Court will eventually make a ruling [C2.22], [R2.21].

On 01 July 2014, US District Court Judge John G Hepburn II ruled that Kentucky’s ban on performing same-sex marriages is unconstitutional being in violation of the Equal Protection Clause. The decision is stayed pending further action in the Sixth Circuit Court of Appeals [C2.20], [R2.19].

On 16 June 2014, the US Sixth Circuit Court of Appeals in Cincinatti, in four separate notices, set 06 August at 1 pm as the single day to hear arguments in the five marriage equality cases pending before the court [R2.18].

On 19 March 2014, US District Judge John G. Heyburn II stayed his 27 February final order in the Gregory Burke and Michael DeLeon & Ors. v. Steve Beshear marriage equality case until the US 6th Circuit Court of Appeals in Cincinnati either rules on the merits of the case or orders the stay lifted [C2.17], [R2.16].

On 18 March 2014, Governor Steve Beshear filed a notice of appeal to the United States Court of Appeals for the Sixth Circuit in the challenge to the state’s refusal to recognize same-sex marriages performed outside the state [C2.15], [R2.14].

On 27 February 2014, US District Judge John G. Heyburn II issued a final order confirming his 12 February ruling that Kentucky’s ban on (recognising out-of-state) same-sex marriages treated “gay and lesbian persons differently in a way that demeans them”. On 28 February the Judge stayed his order until 20 March 2014 [C2.13], [C2.12], [2.11]. The case has been renamed Timothy Love, et. al. v. Steve Beshear et al No. 3:13CV-750-H.

On 14 February 2014, a “Motion to Intervene” was filed on behalf of two couples seeking to have US District Judge John G. Heyburn to expand on his recent decision in “Gregory Bourke et al v. Steve Beshear et al” and declare that the denial of marriage licences to same-sex violates the US Constitution [C2.10], [R2.9].

On 12 February 2014, US District Court Judge John G Heyburn II ruled Kentucky must recognize same-sex marriages performed in other states. The ruling did not address the question of the constitutionality of the ban against same-sex marriage within the State [C2.8], [R2.7].

On 23 September 2013, Judge Susan Schultz Gibson ruled that it is “abundantly clear” under Kentucky law that same-sex marriages will not be recognized as valid within the state or recognized from other states and that in the Geneva Case, the same-sex spouse of murder defendant Bobbie Jo Clary, must testify against Clary in her upcoming murder trial, even though state law exempts spouses from being compelled to testify against each other [C2.6], [R2.5].

On 16 August 2013, Jefferson County Judge Susan Schultz Gibson is expected to rule on the question of whether Geneva Case – one member of a 2004 Vermont civil union same-sex couple – has spousal privilege that would shield her from testifying against her partner Bobbie Jo Clary in a capital murder case. Trial is set for 30 August [R2.4].

On 26 July 2013, Gregory Bourke and Michael Deleon filed suit in the US District Court, Western District of Kentucky, seeking a permanent injunction ordering Kentucky officials to recognize their 2004 Canadian marriage [R2.3].

On 30 June 2013, Jefferson Circuit Court Judge Susan Schultz Gibson will hear the Bobbie Joe Clary case raising the issue of whether same-sex spouses are exempt from being compelled to testify against each other and the broader issue of whether the state recognizes marriages or civil unions that are legal elsewhere. In 2004, Case and Clary entered into a civil union in Vermont [C2.2], [R2.1].

In February 2009, Republican Senator Gary Tapp introduced a bill that would prohibit adoption or foster care by an applicant ‘cohabiting with a sexual partner outside of a marriage that is legally valid in Kentucky’ [R1.1].

On 18 February 2016, the Kentucky Supreme Court reversed the Court of Appeal’s order and reinstated the Kenton County Family Court’s order granting non-biological parent Amy’s motion to intervene in the step-parent adoption action by Wesley – whom the biological mother of the child Laura and Amy’s her former partner Melissa, married after Amy and she separated – allowing Amy’s custody and visitation action to proceed [C2.4], [R2.3].

On 25 February 2014, Fayette Circuit Court Judge Kathy Stein finalized the step-parent adoption of 28-year-old David Crossen by Joan Callahan, who married his mother Jennifer Leigh Crossen in Massachusetts in October [R2.2].

In September 2008, a strongly worded opinion from the Kentucky court of appeals barred judges from granting same-sex partners the right to adopt children as stepparents [R2.1].

In September 1998, a jury has awarded a 17-year-old girl US$220,000 for the repeated harassment she suffered at the hands of some of her classmates – and because Spencer County school officials failed to do enough to try to stop it [R1.1].

In November 2000, a federal appeals court has upheld the verdict [R1.2].