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What's Next Now That Kentucky's Same-Sex Marriage Law Has Been Upheld


Update 8 p.m.: What's Next

Dan Canon, an attorney for the plaintiffs, said the plaintiffs on Thursday were considering their next move—and there will be a next move.

"We are disappointed, and we think the ruling is wrong, but we do not intend to let it go unchallenged," Canon said in an emailed response to questions.

The plaintiffs' options include asking the three-judge appeals panel to review their decision, asking the full appeals court to review, or asking the U.S. Supreme Court to review, Canon said. The Supreme Court recently declined to take up same-sex marriage cases from other states, a decision that allowed for same-sex marriage to become allowed in Indiana.

The Kentucky plaintiffs intend to coordinate with plaintiffs' from other states, he said.

The Kentucky case was appealed by Gov. Steve Beshear. In a statement, Beshear said:
“Today we took another step toward what Kentucky and this nation need: A United States Supreme Court ruling that establishes clear direction for states across the country on this divisive issue. I said all along that we needed clarity and certainty in Kentucky, and a lower court’s ruling was not sufficient. I expect the plaintiffs to appeal this ruling quickly, and I urge the Supreme Court to take up this issue.”
Earlier: For the first time, a federal appeals court has upheld states' bans on same-sex marriage—and the decision includes Kentucky.

The 6th Circuit Court of Appeals sided with Kentucky and three other states Thursday on the same-sex marriage issue.

The Associated Press reports:
The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion. The ruling revealed Wednesday creates a divide among federal appeals courts, increasing the likelihood the Supreme Court will now take up the issue.
Earlier this year, U.S. District Judge John Heyburn struck downKentucky's same-sex marriage ban. Gov. Steve Beshear decided to appeal the case after Attorney General Jack Conway declined to.

The Kentucky case was filed on behalf of several Louisville area couples.

The appeals court decision also affects Ohio, Michigan and Tennessee.

Here's the decision:

Joseph Lord is the online managing editor for WFPL.

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