Same Sex Marriage Ban

Steve Barrett/NPR

  

  The U.S. Supreme Court is set to rule soon on a challenge to Kentucky’s and three other states’ gay marriage bans.  The outcome is expected to settle the national issue of gay marriage.  

NPR’s Legal Affairs Correspondent Nina Totenberg has been following the issue as it moves through the court system.

Kentucky Gov. Steve Beshear on Tuesday filed his support for the request that the U.S. Supreme Court consider the state's same-sex marriage cases.

CINCINNATI—In oral arguments Wednesday before a federal appeals court, Gov. Steve Beshear's attorney re-emphasized a stance that same-sex should not be allowed because the couples cannot procreate, raising issues for Kentucky's population growth and economy.

Ludovic Bertron, Wikimedia Commons

The legal arguments for and against gay marriage bans in Kentucky and three other states are set for hearings this week in Cincinnati’s 6th Circuit Court of Appeals.

World Vision U.S. changed course on Wednesday, saying it would return to its policy of not hiring Christians in gay marriages.

The Washington-state-based charity caused an uproar among its supporters when it announced on Monday that based on the changes many churches were making, it would allow the hiring of avowed Christians who had been legally married to someone of the same sex.

So the lawsuit that sought to force Kentucky to recognize out-of-state same-sex marriage has been appealed and U.S. District Judge John Heyburn has extended a stay in the case.

What happens next?

Update 5 p.m.: Request for Proposal Issued

The state has issued its request for proposal for an attorney to handle the appeal of a federal judge order that Kentucky must recognize out-of-state same-sex marriages.

Here's the document. 

The proposals are due by noon Friday.

A federal judge intends to issue on final ruling on whether Kentucky must recognize out-of-state same-sex marriages within the next day.

The action could mean that same-sex couples married outside of Kentucky would be officially recognized by the state immediately, attorneys for the plaintiffs in the case—Bourke v. Beshear—said on Tuesday. But state Attorney General Jack Conway could appeal the case (he has 30 days) and then ask for a stay on recognizing out-of-state same-sex couples.

A federal judge ruled Wednesday that Kentucky must recognize out-of-state same-sex marriages—and the ruling may prelude further strikes against the state's 2004 same-sex marriage ban.

District Judge John G. Heyburn wrote that refusing to recognize same-sex marriages from outside the state violates the U.S. constitution's equal protection clause.