Legal challenges against Kentucky after Supreme Court rulings - Cincinnati News, FOX19-WXIX TV

Legal challenges against Kentucky after Supreme Court gay marriage rulings

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Kim Franklin and Tammy Boyd Kim Franklin and Tammy Boyd
Kim Franklin and Tammy Boyd Kim Franklin and Tammy Boyd
Shannon Fauver Shannon Fauver

LOUISVILLE, KY (WAVE) - Legal challenges are underway in the bluegrass after the U.S. Supreme Court's historic rulings on same sex marriage. An attorney is drafting a lawsuit against Kentucky, one of 37 states that does not recognize or allow same sex marriage.

Marriage licenses in other states mean nothing in the Commonwealth because of a constitutional ban.

Attorney Shannon Fauver claims the state's ban on gay marriage denies same sex couples equal protection under the 14th Amendment of the U.S. Constitution.

"Under equal protection, everyone is entitled to the same rights," said Shannon Fauver, whose representing Kim Franklin and Tammy Boyd. The couple's vows are invalid because their marriage license is from Connecticut.

Franklin said she just wants her marriage to be "recognized, respected and acknowledged, like everyone else."

The suit will be filed in federal court because Fauver alleges the state is denying gay couples fundamental rights.

"If we can prove the state constitutional amendment is unconstitutional, then we'll win the case," Fauver said. She said the suit would challenge Kentucky's gray area - that marriage is valid only if the state where the couple currently lives recognizes it.

The Shelby County couple has prepared for the worst case scenario. "We've tried to set ourselves up the best we can, but it's not the same. It's still just not the same. What we do is another step or another burden that we have to go through that we shouldn't have to," Franklin said.

The lawsuit won't be filed for at least 25 days. It's the same time lapse California will have to wait to allow same sex marriage.

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