Marriage Equality USA

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Lawsuits - Pending

Miller v. Davis

Case #: 15-44-DLB
Date Filed: 2 July 2015 
Court Level: Federal District Court
Date of Appeal:


  • 2 July 2015, from the ACLU-KY: "The American Civil Liberties Union of Kentucky today filed a lawsuit on behalf of four Rowan County couples, two same-gender couples and two opposite-gender couples, denied marriage licenses by County Clerk Kim Davis. Since the U.S. Supreme Court issued a sweeping and historic decision that affords gay and lesbian couples the legal right to marry, Ms. Davis has refused to provide marriage licenses to any couple applying for one in Rowan County citing 'religious concerns.'”
  • 2 July 2015, the plaintiffs also filed a motion for a preliminary injunction.
  • 2 July 2015, UPDATE 1: The case was originally assigned to Senior Judge Henry R. Wilhoit, Jr. In an order signed this morning, Judge Wilhoit recused himself; he gave no reason for the recusal. The case has been reassigned to David L. Bunning.
    UPDATE 2: A hearing on the motion for preliminary injunction is scheduled for Monday, 13 July 2015 at 12:00 p.m. in Ashland, KY before Judge Bunning.
  • 13 July 2015, the hearing took place - the unofficial word on the street is that the judge won't rule today. Minutes from the hearing today.
  • 13 July 2015, ACLU press release regarding today's preliminary injunction hearing.
  • 15 July 2015, the conclusion of the evidentiary portion of the preliminary injunction hearing is scheduled for Monday, July 20 at 10:00am ET.
  • 20 July 2015, the minutes were filed from the hearing today.
  • 29 July 2015, defendant Rowan County filed their Answer to Complaint.
  • 30 July 2015, defendant Rowan County filed their Response to plaintiffs’ Motion for Preliminary Injunction, and defendant Kim Davis filed her Opposition to Motion for Preliminary Injunction (with 21 attachments). Worth noting that transcripts for both of this month's hearings are included in the attachments.
Hardee v. Beshear

Case #: 14-CI-00322
Date Filed: 20 March 2014 
Court Level: State Trial Court
Date of Appeal:


  • 20 March 2014, this case in Franklin Circuit Court was brought by two pairs of same-sex partners from Lexington: Lindsey Bain and his partner Daniel Rogers, and David Hardee and Marshall Robertson.
  • Both couples had been denied marriage licenses by county clerks in Kentucky. They filed separate lawsuits in Franklin Circuit — later consolidated — that contended that provisions in the Kentucky Constitution and statutes prohibiting them to marry solely because of their sexual orientation violate rights guaranteed them under the equal protection and due process clauses of the U.S. Constitution.
  • 10 April 2014, this case was consolidated with Kentucky Equality Federation v. Beshear (see below).
  • 16 April 2015, in a 33 page ruling Franklin Circuit Court Judge Thomas Wingate found that Kentucky law banning same-sex marriages violates rights guaranteed by the Constitution. However, Judge Wingate stayed his order pending SCOTUS ruling on the same issues, which will apply to all states. Kentucky judge rules against marriage ban - By Tom Loftus, The Courier-Journal
Kentucky Equality Federation v. Beshear

Case #: 13-CI-01074
Date Filed: 10 September 2013
Date of Appeal:


  • Private lawyers filed a lawsuit in state court on behalf of the Kentucky Equality Federation against the Commonwealth of Kentucky. The lawsuit seeks to achieve equal rights and protections for same-sex couples and their families in Kentucky, arguing that the 2004 amendment to the Kentucky Constitution violates the Constitution.
  • 21 February 2014, motion to hold in abeyance denied.
  • 10 April 2014, consolidated with Hardee v. Beshear - Kentucky Equality Federation v. Beshear is the lead in the consolidated case.
  • Briefing should be completed by August 2014.

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