In Kentucky gay marriage ruling, judge looks to precedents old and new in decision

LOUISVILLE, Ky. – A federal judge has ruled Kentucky must recognize same-sex marriages performed in other states, pointing not only to recent decisions that have struck down bans in other states but also to older rulings on a person’s right to marry.

While the case dealt with out-of-state marriages, it doesn’t require the state to perform same-sex marriages.

The judge also pointed to older rulings dealing with race and gender, noting that courts gradually did away with restrictions now considered arcane.

James Esseks is the director of the Lesbian, Gay, Bisexual and Transgender Project at the American Civil Liberties Union. He says the ruling shows judges even in conservative parts of the country are recognizing the significance of the U.S. Supreme Court ruling that ordered the federal government to recognize same-sex marriages.