Kentucky’s Attorney General’s office said the state's same-sex marriage ban should stand, but that overturning it would grant gay couples the same legal protections as straight couples.
The state made its defense of the ban today in response to a lawsuit brought by Gregory Bourke and Michael De Leon of Louisville, who were married in Canada nine years ago. Assistant Attorney General Clay Barkley asked the judge to dismiss the case saying the men lack standing to challenge the law.
In July, Bourke and De Leon sued the state to recognize valid unions from other states and countries. They're also seeking an injunction to stop state and local officials from enforcing the ban written into the state constitution in 2004.
The suit is the first such challenge in Kentucky since the US Supreme Court struck down part of the federal Defense of Marriage Act in June.