Conway Skeptical Ky. Same-Sex Marriage Case Will Pass Muster With Appeals Court
A federal appeals court in Cincinnati is taking up two cases that could determine the future of same-sex marriages in Kentucky.
The U.S. 6th Circuit Court of Appeals is hearing the cases as part of a series of hearings on similar lawsuits in Kentucky, Tennessee, Michigan, and Ohio.
Kentucky's cases stem from rulings earlier this year by U.S. District Judge John G. Heyburn in Louisville that the state's ban on recognizing out-of-state same-sex marriages and the state's prohibition on issuing marriage licenses to same-sex couples violated the U.S. Constitution's equal-protection clause.
Kentucky Attorney General Jack Conway declined to appeal the decision in March, saying it would be waste of resources for his office to pursue a case the state is unlikely to win.
As the arguments get underway, he says his position hasn’t changed.
"I'm not going to predict what the 6th Circuit will do, but we haven't had a single federal judge or federal panel uphold one of these and I don't see why it would be any different at the 6th Circuit," he told WUKY.
Following Conway’s decision, Gov. Steve Beshear hired outside counsel to defend the state’s ban on same-sex marriage.