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Kentucky  
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State Information

Government Website: http://kentucky.gov/Portal/Category/GOVERNMENT

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1998 - State Law Passed  2004 - Constitutional Amendment 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  yes 
State Law Defines Marriage between a Man and a Woman yes  yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States yes  no 
State Law States that Same Sex Marriage is not Aligned with State Public Policy no  no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Kentucky Revised Statutes.  Tit. XXXV, Chap. 402.  Marriage. 

§ 005  Definition of marriage.

As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.

§ 020  Other prohibited marriages.

Marriage is prohibited and void:

(d) Between members of the same sex. 

§ 040  Marriage in another state.

(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.

(2)  A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.

§ 045  Same-sex marriage in another jurisdiction void and unenforceable.

(1)  A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.

(2)  Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.

Constitutional Provision

Kentucky Constitution.  Part 2, § 233A.  Valid or recognized marriage ? Legal status of unmarried individuals. 

Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Current Legislative Activity

 

U.S. Senators
US Senators and their Comments on FMA

Jim Bunning, Republican
http://bunning.senate.gov/
As a member of the House, this senator voted for the federal DOMA in 1996. The senator voted for the Marriage Protection Amendment in 2004 and 2006.

Mitch McConnell, Republican
http://mcconnell.senate.gov/
This senator voted for the federal DOMA in 1996 and for the Marriage Protection Amendment in 2004 and 2006.

State Public Policy Organizations Working on Marriage Issues

The Family Foundation of Kentucky



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