By: Dustin Humphrey
The United States Supreme Court has not yet ruled on the constitutionality of state laws restricting gay marriage, but it probably won’t be long until it will.
Two weeks ago, a federal appeals court put a stop to the momentum of pro-gay marriage rulings. The loss was the first in a long list of victories for same-sex marriage proponents, and created a split among the nation’s Circuit Courts that almost guarantees Supreme Court review. Kentucky is one of four states directly involved in the most recent ruling.
In the 2-1 ruling, the U.S. Court of Appeals for the 6th Circuit overturned District Court rulings that struck down state gay marriage bans in Michigan, Ohio, Kentucky and Tennessee. In other words, the ruling once again deems the ban of gay marriage to be legal in the above states.
As our attorneys at Skeeters, Bennett, Wilson & Pike reported back in March of this year, the U.S. District Court ruled that Kentucky must recognize same-sex marriages established in other jurisdictions. With the ruling last Thursday, though, Kentucky is no longer obligated to do so.
While the ruling appears to be a loss for gay rights activists and a win for proponents, the issue is far from settled. The appellate ruling directly counteracts four others from the 4th, 7th, 9th and 10th Circuits, meaning it is almost inevitable that the issue will make its way to the Supreme Court.
The attorneys at Skeeters, Bennett, Wilson & Pike understand the evolutionary nature of law and want to make sure you stay up to date with the current developments. Don’t hesitate to contact us if you have any questions about the legal implications of this and any other rulings.
Dustin joined the SBW&P team in 2010, coming to us from one of the oldest firms in Cincinnati. He earned his undergraduate degree from Bellarmine University, summa cum laude, and his law degree from the Salmon P. Chase College of Law at Northern Kentucky University, where he graduated cum laude. Dustin’s law practice includes personal injury law, medical malpractice law, business law including corporations, LLCs and business planning, real estate law, probate law, estate planning, employment law, and family law.