Bourke v. Beshear

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Bourke v. Beshear
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Argued April 28, 2015
Full case nameGregory Bourke, et al., Petitioners v. Steve Beshear, Governor of Kentucky
Related cases Obergefell v. Hodges , DeBoer v. Snyder , Tanco v. Haslam .
Case history
PriorBourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014); Love v. Beshear, 989 F. Supp. 2d 536 (W.D. Ky. 2014); reversed sub. nom., DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014); cert. granted, 135 S. Ct. 1041 (2015).
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia  · Anthony Kennedy
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Sonia Sotomayor  · Elena Kagan
Laws applied
U.S. Const. amend. XIV

The lead cases on same-sex marriage in Kentucky are Bourke v. Beshear, and its companion case Love v. Beshear. In Bourke, a U.S. district court found that the Equal Protection Clause requires Kentucky to recognize valid same-sex marriages from other jurisdictions. [1] In Love, the same court found that this same clause renders Kentucky's ban on same-sex marriage unconstitutional. [2] Both decisions were stayed and consolidated upon appeal to the Sixth Circuit Court of Appeals, which heard oral arguments in both cases on August 6, 2014. On November 6, the Sixth Circuit upheld Kentucky's ban on same-sex marriage. [3]

Contents

On January 16, 2015, the U.S. Supreme Court consolidated these cases with three others and agreed to review the case under the name Obergefell v. Hodges . [4] Oral arguments were heard on April 28, 2015, and the Court ruled in favor of the plaintiffs in June 2015. [5] [6]

District court proceedings

On July 26, 2013, Gregory Bourke and Michael DeLeon, who were legally married in Ontario, Canada, filed a lawsuit in U.S. District Court for the Western District of Kentucky challenging Kentucky's refusal to recognize their marriage on behalf of themselves and DeLeon's two adopted children. [7] They later added as plaintiffs a couple married in Iowa and another in California, and the four children of one of them. On August 16, a fourth couple, married in Connecticut, filed a related suit in the same court but then joined the suit as plaintiffs. Named as defendants were Kentucky Governor Steve Beshear and Attorney General Jack Conway, as well as Sue Carole Perry, Shelby County Clerk. [8] [9] Their suit, Bourke v. Beshear, argued that Kentucky should recognize same-sex marriages from other jurisdictions. [10] The case was assigned to Judge John G. Heyburn II. [8]

Bourke decision

In a decision issued February 12, 2014, Judge Heyburn found that Kentucky must recognize same-sex marriages from other jurisdictions because withholding recognition violates the U.S. Constitution's guarantee of equal protection. [11] He wrote: [1]

[T]he Court concludes that Kentucky's denial of recognition for valid same-sex marriages violates the United States Constitution's guarantee of equal protection under the law, even under the most deferential standard of review. Accordingly, Kentucky's statutes and constitutional amendment that mandate this denial are unconstitutional.

He pointed out the evolution of judicial recognition of same-sex marriage: "In Romer , Lawrence , and finally, Windsor , the Supreme Court has moved interstitially ... establishing the framework of cases from which district judges now draw wisdom and inspiration. Each of these small steps has led to this place and this time, where the right of same-sex spouses to the state-conferred benefits of marriage is virtually compelled." [1] He told attorneys he would hold a hearing before issuing an order implementing his decision. [12]

Bifurcation of case

On February 14, two same-sex couples who were denied marriage licenses in Jefferson County, Timothy Love, Lawrence Ysunza, Maurice Blanchard, and Dominique James, asked to be allowed to intervene in the suit because their challenge to Kentucky's ban on same-sex marriage within the state raises substantially the same arguments as the original suit. [13] On February 27, 2014, before the final order was issued, the state attorney general asked Judge Heyburn to stay enforcement of his Bourke order for 90 days, noting that even if the state does not appeal the decision it needs time to implement it. Judge Heyburn issued a final order in Bourke on the same day ordering the state to recognize same-sex marriages from other jurisdictions at once, which created de jure legalization of recognition of out-of-state same-sex marriages; being a final order it was then immediately subject to appeal. He then bifurcated the case and allowed the new plaintiffs to intervene and argue against Kentucky's denial of marriage licenses to in-state same-sex couples. This portion of the case would remain in district court, retitled as Love v. Beshear. A briefing schedule on the in-state issue was completed by May 28. [14] [15] On February 28, 2014, Judge Heyburn issued a shorter, 21-day stay in Bourke, instead. [16] [17]

Bourke appeal

On March 4, 2014, the state attorney general announced that he would neither appeal the state's position nor request further stays. Kentucky's governor said he would employ outside counsel to appeal Heyburn's ruling in Bourke to the U.S. Court of Appeals for the Sixth Circuit and to request a stay pending appeal. [18] [19] On March 19, Judge Heyburn extended his stay pending action by the Sixth Circuit, noting the stay granted by the U.S. Supreme Court in a similar Utah case.

An interlocutory appeal of Bourke was lodged in the Sixth Circuit on March 19 under appellate case number 14-5291. By the time oral arguments were scheduled, the decision in the companion case Love v. Beshear was handed down and appealed; the Sixth Circuit thus consolidated the cases for argument (see below). [20]

Love decision

The addition of intervening plaintiffs the Bourke lawsuit (dealing with the recognition of out-of-state same-sex marriages, see above) on the related issue of denial of marriage licenses to in-state same-sex couples, required the court to bifurcate the case and restyle it. Love v. Beshear continued in district court as to the state marriage license issue, while the out-of-state recognition issue was appealed. [21]

On July 1, 2014, U.S. District Judge John G. Heyburn II found in favor of the intervening same-sex couple plaintiffs and ruled that Kentucky's ban on allowing same-sex marriage in-state violates the Equal Protection Clause.

In doing so, Judge Heyburn departs from the opinions issued by most of the other U.S. district courts that examined the issue; he "does not determine whether Kentucky's laws interfere with a fundamental right." Looking at the trio of marriage cases of Loving v. Virginia , Zablocki v. Redhail , and Turner v. Safley ; Judge Heyburn states that:

[T]he question before the Court can be distilled to: is same-sex marriage part of or included in the fundamental right to marry, or is it something else altogether?

He is hesitant to answer in the affirmative, reasoning that "holding that the fundamental right to marry encompasses same-sex marriage would be a dramatic step that the Supreme Court has not yet indicated a willingness to take" (emphasis added.) Judge Heyburn then notes that he can bypass answering this question.

Given the current posture of relevant constitutional jurisprudence, this Court finds caution here a more appropriate approach to avoid overreaching in its own constitutional analysis.

Instead, the judge finds that homosexual persons constitute a suspect class. Although Sixth Circuit precedent suggests that sexual orientation classifications do not receive heightened scrutiny, Heyburn prods the circuit court "to reconsider its view" as this precedent relied on Bowers v. Hardwick , a Supreme Court case subsequently overturned as "not correct when it was decided, and it is not correct today." (citing Lawrence v. Texas , 539 U.S. 558 at 575) He does the analysis required and finds the heightened scrutiny of a "quasi-suspect" class applies to the case; but even under the lower "rational basis" review, the state does not bear its burden in justifying exclusion of same-sex couples from marriage. Heyburn concludes that the defendants' arguments for exclusion, i.e. encouraging relationships that procreate and stabilize the birthrate, "are not those of serious people," finding no relation between same-sex marriage and heterosexual procreation. [2]

Judge Heyburn stayed his ruling in Love pending the outcome of any appeal.

Court of Appeals proceedings

Upon motion of appellee same-sex couples, the U.S. Sixth Circuit Court of Appeals consolidated Love v. Beshear, now docketed 14–5818 on appeal, and dealing with in-state licensing of same-sex marriage — with Bourke v. Beshear, already under appeal under docket 14–5291, and dealing with out-of-state same-sex marriage recognition. A July 16, 2014, order by the Sixth Circuit set an expedited briefing schedule: state appellants' opening brief due July 17, appellee same-sex couples' principal brief due July 24, and appellants' reply due July 31. [22]

Oral arguments for the consolidated Love and Bourke cases were held on August 6, 2014; the Sixth Circuit heard same-sex marriage cases stemming from Michigan, Ohio, Kentucky and Tennessee on that date as well.

Reversal

On November 6, the Sixth Circuit ruled 2–1 that Kentucky's ban on same-sex marriage does not violate the constitution. [3] It said it was bound by the U.S. Supreme Court's 1972 action in a similar case, Baker v. Nelson , which dismissed a same-sex couple's marriage claim "for want of a substantial federal question." Writing for the majority, Judge Jeffrey Sutton also dismissed the arguments made on behalf of same-sex couples in this case: "Not one of the plaintiffs' theories, however, makes the case for constitutionalizing the definition of marriage and for removing the issue from the place it has been since the founding: in the hands of state voters." Dissenting, Judge Martha Craig Daughtrey wrote: "Because the correct result is so obvious, one is tempted to speculate that the majority has purposefully taken the contrary position to create the circuit split regarding the legality of same-sex marriage that could prompt a grant of certiorari by the Supreme Court and an end to the uncertainty of status and the interstate chaos that the current discrepancy in state laws threatens." [23]

Supreme Court proceedings

The same-sex couples filed an application for certiorari with the U.S. Supreme Court on November 17. [24] On January 16, 2015, the United States Supreme Court consolidated this case with three others from Michigan, Ohio, Kentucky, and Tennessee and agreed to review the case, setting a briefing schedule to be completed April 17. [25] The court asked the parties to address two questions: "1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?" [26] [27]

This case was combined with several others and became part of the Obergefell v. Hodges case which was decided June 26, 2015 by the U.S. Supreme Court in a 5–4 decision that: "The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state." [28]

See also

Related Research Articles

Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado. Colorado was the 25th U.S. state to legalize same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Kentucky</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.

<i>Sevcik v. Sandoval</i> 2014 US legal decision

Sevcik v. Sandoval is the lead case that successfully challenged Nevada's denial of same-sex marriage as mandated by that state's constitution and statutory law. The plaintiffs' complaint was initially filed in the U.S. District Court for the District of Nevada on April 10, 2012, on behalf of several couples denied marriage licenses. These couples challenged the denial on the basis of the U.S. Constitution's Fourteenth Amendment guarantee of equal protection.

DeBoer v. Snyder is a lawsuit that was filed by April DeBoer and Jayne Rowse on January 23, 2012, in federal district court, challenging Michigan's ban on adoption by same-sex couples so they can jointly adopt their children. In August 2012, Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage, "the underlying issue". Following a hearing on October 16, 2013, Friedman scheduled a trial that ran from February 25 to March 7, 2014. On March 21, Judge Friedman issued his ruling overturning the ban. On March 22, the United States Court of Appeals for the Sixth Circuit placed a temporary hold on Judge Friedman's ruling. The appeal was argued on August 6. On November 6, the Sixth Circuit reversed Judge Friedman and upheld Michigan's ban on same-sex marriage.

This is a list of notable events in the history of LGBT rights that took place in the year 2014.

Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.

Tanco v. Haslam was the lead case in the dispute of same-sex marriage in Tennessee. A U.S. District Court granted a preliminary injunction requiring the state to recognize the marriages of the plaintiffs, three same-sex couples. The court found the equal protection analysis used in Bourke v. Beshear, a case dealing with a comparable Kentucky statute "especially persuasive." On April 25, 2014, that injunction was stayed by the Sixth Circuit Court of Appeals. Tanco was appealed to the Sixth Circuit, which reversed the district court and upheld Tennessee's refusal to recognize same-sex marriages from other jurisdictions on November 6.

<i>Geiger v. Kitzhaber</i> 2014 court case in Oregon, US, about same-sex marriage

Geiger v. Kitzhaber is a decision by the U.S. District Court for the District of Oregon that requires Oregon to allow same-sex couples to marry and to recognize same-sex marriages established in other jurisdictions. The decision arose from two consolidated cases that alleged that Oregon's constitutional ban on same-sex marriage, Article 15, § 5, and all related marriage statutes, violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Among the several defendants, Attorney General Ellen Rosenblum filed appearances in the case to defend Oregon's position, but declined to defend the constitutionality of the bans and ordered state agencies to recognize the validity of same-sex marriages established elsewhere.

Same-sex marriage has been legal in Missouri since the U.S. Supreme Court's landmark ruling in Obergefell v. Hodges, which struck down state bans on marriages between two people of the same sex on June 26, 2015. Prior to the court ruling, the state recognized same-sex marriages from other jurisdictions pursuant to a state court ruling in October 2014, and certain jurisdictions of the state performed same-sex marriage despite a statewide ban.

Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.

<i>De Leon v. Perry</i>

De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.

<i>Latta v. Otter</i> United States federal legal case

Latta v. Otter is a case initiated in 2013 in U.S. federal court by plaintiffs seeking to prevent the state of Idaho from enforcing its ban on same-sex marriage. The plaintiffs won in U.S. District Court. The case was appealed to the Ninth Circuit Court of Appeals, which heard this together with two related cases–Jackson v. Abercrombie, and Sevcik v. Sandoval.

<i>Baskin v. Bogan</i> Indiana legal case for marriage equality

Baskin v. Bogan, the lead Indiana case challenging that state's denial of marriage rights to same-sex couples, was filed in federal district court on March 12, 2014, naming several government officials as defendants. Chief Judge Richard L. Young found for the plaintiffs on June 25. A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit upheld the district court ruling in a unanimous decision on September 4.

<i>Bostic v. Schaefer</i> United States federal lawsuit challenging range same-sex marriage bans

Bostic v. Schaefer is a lawsuit filed in federal court in July 2013 that challenged Virginia's refusal to sanction same-sex marriages. The plaintiffs won in U.S. district court in February 2014, and the Fourth Circuit Court of Appeals upheld that ruling in July 2014. On August 20, 2014, the U.S. Supreme Court stayed enforcement of the Fourth Circuit's ruling pending the outcome of further litigation. State officials refused to defend the state's constitutional and statutory bans on same-sex marriage.

<i>Burns v. Hickenlooper</i>

Burns v. Hickenlooper is a lawsuit filed on July 1, 2014, in federal district court in Colorado, challenging that state's denial of marriage rights to same-sex couples. The plaintiffs' complaint alleged that the defendants have violated the Fourteenth Amendment by denying plaintiffs the fundamental right of marriage. The defendants agreed with the substance of the plaintiffs' case, but asked the district court to stay implementation of any order requiring Colorado to alter enforcement of its ban pending the outcome of other litigation. After the district court declined to grant more than a one-month stay on July 23, the state's governor and attorney general appealed and won a stay from the Tenth Circuit Court of Appeals on August 21. Following U.S. Supreme Court action in other cases, on October 8 they asked the Tenth Circuit to dismiss their appeal and lift the stay, which would effectively legalize same-sex marriage in Colorado.

In Brenner v. Scott and its companion case, Grimsley v. Scott, a U.S. district court found Florida's constitutional and statutory bans on same-sex marriage unconstitutional. On August 21, 2014, the court issued a preliminary injunction that prevented that state from enforcing its bans and then stayed its injunction until stays were lifted in the three same-sex marriage cases then petitioning for a writ of certiorari in the U.S. Supreme Court–Bostic, Bishop, and Kitchen–and for 91 days thereafter. When the district court's preliminary injunction took effect on January 6, 2015, enforcement of Florida's bans on same-sex marriage ended.

Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

<span class="mw-page-title-main">John G. Heyburn II</span> American judge (1948–2015)

John Gilpin Heyburn II was a United States district judge of the United States District Court for the Western District of Kentucky. Heyburn served as the Chief Judge of the Court between 2001 and 2008.

<i>Miller v. Davis</i>

Miller v. Davis is a federal lawsuit in the United States regarding the issuance of marriage licenses to same-sex couples. After the U.S. Supreme Court legalized same-sex marriage nationwide on June 26, 2015, the county clerk of Rowan County, Kentucky, Kim Davis, refused to issue marriage licenses to any couple to avoid issuing them to same-sex couples, citing her religious beliefs. She also refused to allow her deputies to issue the licenses, as they would still bear her title and name.

References

  1. 1 2 3 Bourke v. Beshear, 996F. Supp. 2d542 ( W.D. Ky. 2014).
  2. 1 2 Love v. Beshear, 989F. Supp. 2d536 (W.D. Ky.2014).
  3. 1 2 DeBoer v. Snyder , 772F.3d388 ( 6th Cir. 2014).
  4. "Miscellaneous Order (01/16/2015)" (PDF). supremecourt.gov. January 16, 2015. Retrieved August 28, 2022.
  5. Singh, Tejinder (April 28, 2015). ""Super-cuts" from same-sex marriage arguments". SCOTUSblog.
  6. Gerstein, Josh (April 28, 2015). "The 8 most awkward moments in the Supreme Court's gay-marriage arguments". Politico .
  7. "First lawsuit filed against Ky. same-sex marriage ban". WLKY. July 26, 2013. Archived from the original on August 6, 2013. Retrieved July 26, 2013.
  8. 1 2 "Federal Judge Weighing Challenge to Kentucky Gay Marriage Ban". Edge on the Net. January 15, 2014.
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  19. Geidner, Chris (March 4, 2014). "Kentucky Governor To Appeal Marriage Recognition Ruling After State's Attorney General Decides Not To Appeal". Buzz Feed. Retrieved March 4, 2014.
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  21. Thomaston, Scottie (February 28, 2014). "Kentucky marriage equality case re-named Love v. Beshear". Equality on Trial. Retrieved February 28, 2014.
  22. Borkowski, Cheryl (Case Manager) (July 16, 2014). "Briefing Schedule Letter, Love v. Beshear, No. 14-5818". U.S. Court of Appeals for the Sixth Circuit . Scribd.com. PACER Document 12.
  23. Geidner, Chris (November 6, 2014). "Federal Appeals Court Upholds Four States' Same-Sex Marriage Bans". BuzzFeed News. Retrieved November 6, 2014.
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  25. Geidner, Chris (January 16, 2015). "Supreme Court Will Hear Four Cases Challenging Same-Sex Marriage Bans". BuzzFeed News. Retrieved January 16, 2015.
  26. "(ORDER LIST: 574 U.S.)" (PDF). U.S. Supreme Court: SCOTUS Blog. January 16, 2015. Retrieved January 16, 2015.
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