Document Type

Article

Publication Title

Verdict

Publication Date

2-18-2014

Abstract

Daniel Boone was determined to bring his family “as soon as possible to live in Kentucky, which I esteemed a second paradise, at the risk of my life and fortune.” With a recent ruling by a federal judge that Kentucky is constitutionally required to give effect to same-sex marriages from other states, this determination may be shared by gay and lesbian couples seeking a refuge anywhere south of the Mason Dixon line.

The court’s ruling in Bourke v. Beshear concludes that whether or not a state has the power to refuse to authorize same sex marriages on its own turf, it does not have the constitutional power to refuse to recognize those that are validly celebrated elsewhere. Bourke joins a growing number of cases in which recognition issues are at the forefront, a trend ignited by the Supreme Court’s ruling last year in United States v. Windsor, which found fault in the federal government’s decision to single out same-sex marriages for non-recognition.

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