Kentucky agrees Supreme Court should hear same-sex marriage case
Attorneys for Kentucky Gov. Steve Beshear (D) asked the U.S. Supreme Court to take up a case challenging the state’s same-sex marriage ban in a brief filed Tuesday.
The brief in support of a petition for writ of certiorari concurs with plaintiffs in the case that the nation’s highest court should address whether states that deny same-sex couples marriage licenses or refuse to recognize marriage licenses issued to same-sex couples in other jurisdictions are in violation of the U.S. Constitution.
“It is important for Kentucky – and the country – that the Court resolve the important question of who has the right to define marriage for a state, and if the role belongs to the States, then what is the appropriate standard by which the definition will be governed – rational basis, strict scrutiny, or a level in between,” the brief states. “The cases pending with this Court on petitions for writ of certiorari are reflective of the conflicts among lower courts on these issues and demonstrate the need for final resolution of the dispute by this Court.”
In a 2-1 decision handed down Nov. 6, the 6th Circuit Court of Appeals upheld same-sex marriages bans in four states — Kentucky, Michigan, Ohio and Tennessee — breaking with other federal appeals courts that have considered the issue. The Supreme Court has been asked to consider all four state marriage bans by plaintiffs in the four cases. Of the 6th Circuit cases, Kentucky joins Michigan in agreeing that the Supreme Court should hear cases challenging those states’ respective same-sex marriage bans.
Plaintiffs in a case challenging Lousiana’s same-sex marriage ban have also asked the Supreme Court to hear their case before a federal appeals court has rendered judgment. The state of Louisiana has agreed the high court should hear the case.
“The proceedings throughout the country have created a patchwork of inconsistent decisions resulting in uncertainty and confusion,” the brief filed on behalf of Kentucky’s Democratic governor states. “The Court can provide finality to the legal questions presented in this petition, guidance to the voters and their legislators, and end the legal chaos affecting Kentuckians and all citizens.”
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