Currently, Kentucky’s Constitution defines marriage as as exclusive union between a man and a woman. Kentucky has several revised statues (KRS) that prohibit same-sex marriage:
KRS 402.020(d) Other prohibited marriages. (Effective 07/15/1998)
- Between members of the same sex.
KRS 402.040 Marriage in another state. (Effective 07/15/1998)
- If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy. A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045.
KRS 402.045 Same-sex marriage in another jurisdiction void and unenforceable. (Effective 07/15/1998)
- A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky. Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts.
KRS 402.005 Definition of marriage. (Effective 07/15/1998)
- As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
In 2004, then Senator Daniel Mongiardo led a Constitutional Amendment (just in case the Kentucky Court of Justice decided to strike down one or more of the laws listed above) which was passed by Kentucky citizens:
Commonwealth of Kentucky – Constitution Section 233A (Effective 11/02/2004)
Valid or recognized marriage — Legal status of unmarried individuals.
Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.