Bourke v. Beshear - Final Order and New Filing Schedule

Despite a last minute motion for stay by the Defendants in Bourke v. Beshear, today Judge John Heyburn issued a Final Order in the case, dealing with the claims of the original, already-married plaintiffs.

In short:

IT IS HEREBY ORDERED that to the extend [sic] KRS 402.055, .020., .040, and .045 and Section 233A of the Kentucky Constitution act to deny validly married same-sex couples equal recognition and benefits under Kentucky and federal law, those laws violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and they are void and unenforceable.

As I mentioned above, the Defendants have moved the court for a stay, delaying the effect of this order for 90 days. The Plaintiffs (represented by me and five other attorneys) have not yet filed a response to that motion.

Also today, we received a scheduling order from the judge, granting our motion to intervene on behalf of two new couples who want to be married in the state of Kentucky and setting dates for the filing of pleadings in the case. Over the next ninety days, we will follow a schedule similar to the one we already have - both sides will get an opportunity to fully brief the issues in dispute and the judge will then rule accordingly.


My colleague Laura Landenwich and I sat for a very impromptu interview with local station WHAS to discuss the Final Order and the Defendants' motion for a stay.