Kentucky Gov. Will Hire Outside Counsel In Same-Sex Marriage Case

Kentucky’s Attorney General, Jack Conway, says he won’t appeal a federal judge’s decision requiring the state to honor same-sex marriage licenses performed elsewhere, but Democratic Gov. Steve Beshear isn’t ready to give up the legal fight. In a March 4 statement, Beshear announced he plans to move ahead with the legal challenge and will hire outside counsel to represent Kentucky.

U.S. District Court Judge John Heyburn II issued a final order striking down part of a state law and a Kentucky constitutional amendment defining marriage as between one man and one woman, and barring the recognition of same-sex marriages in the state. Heyburn said the law and amendment violated the U.S. Constitution, but put a hold on any action until March 20 to give state officials time to organize.

“From a constitutional perspective, Judge Heyburn got it right, and in light of other recent federal decisions, these laws likely will not survive on appeal,” Conway told the Lexington Herald-Reader. “We cannot waste the resources of the office of the attorney general pursuing a case we are unlikely to win.”

Same-sex marriage issues “will be and should be ultimately decided by the U.S. Supreme Court in order to bring finality and certainty to this matter,” Governor Beshears said. “The people of this country need to know what the rules will be going forward. … Without a stay in place, the opportunity for legal chaos is real.”