Federal judge stays enforcement of gay marriage ruling pending appeal

A federal judge has extended the stay of his gay-marriage ruling, saying the state presented legitimate concerns that it could cause "chaos" if same-sex marriages were recognized in Kentucky and then the decision was later reversed.

With his stay about to expire Thursday, U.S. District Judge John Heyburn II said that while Gov. Steve Beshear's lawyers hadn't shown they are likely to win on appeal, it is "best that these momentous changes occur with full review, rather than risk premature implementation or confusing changes. That does not serve anyone well."

But in his opinion, Heyburn expressed sympathy for the plaintiffs, saying it may be difficult to understand "how rights won can be delayed."

The plaintiffs — the four gay and lesbian couples who won the ruling — opposed the extension, saying they would rather have their marriages recognized for a short amount of time than never at all. They also said the potential harm cited by the state were "minor bureaucratic inconveniences."

Dan Canon, one of the plaintiffs' lawyers, said they will ask the U.S. 6th Circuit Court of Appeals to lift the stay while it considers the appeal.

Kerri Richardson, a spokeswoman for Beshear, said the governor was pleased with Heyburn's decision.

"We appreciate Judge Heyburn granting the stay, which will prevent both actual and legal chaos while the appeal is underway," Richardson said in a statement. "We will continue work on the appeal to the Sixth Circuit Court of Appeals so all Kentuckians will have finality and understanding of what the law is, both in our Commonwealth and in the United States.

Heyburn ruled in February that the portion of Kentucky's constitutional amendment banning the recognition of gay marriages from other states violated the guarantee of equal protection under the law in the U.S. Constitution.

His ruling said that Kentucky must recognize same-sex marriages performed in the 17 states where it is legal. Other plaintiffs in his court have asked him to allow such marriages in the state.

Attorney General Jack Conway, whose office had been defending the ban, said earlier this month that he wouldn't appeal because he thought it was unconstitutional. Beshear's office then hired an Ashland law firm to handle the appeal. Its three lawyers assigned to the case didn't respond to a reporter's emails.

Heyburn's Feb. 12 opinion came on the heels of similar rulings by nine other state and federal court judges — and as a growing number of states have approved same-sex marriage.

Since the ruling, federal judges in Tennessee and Texas have struck down gay-marriage bans.

The same lawyers handling the Kentucky case on March 4 filed a similar suit in federal court in Southern Indiana to force that state to recognize same-sex marriages.

The plaintiffs are Melissa Love, 43, and Erin Brock, of Jeffersonville; and Michael Drury, 52, and Lane Stumler, 66, of New Albany — all of whom said they want to get married in Indiana.

Reporter Andrew Wolfson can be reached at (502) 582-7189