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U.S. judge says Kentucky must recognize gay marriage from other states

LOUISVILLE, Ky., Feb. 27 (UPI) -- A federal judge issued a final ruling Thursday saying Kentucky must recognize same-sex marriages performed in states where it is legal.

U.S. District Judge John G. Heyburn, in a one-page order, said state laws violate the right to equal protection under the U.S. Constitution.

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"Those laws ... are void and unenforceable," Heyburn said, the (Louisville) Courier-Journal reported.

Kentucky's attorney general earlier asked the judge to delay the final ruling. Attorney General Jack Conway, a Democrat, asked for a 90-day delay, the Lexington Herald-Leader reported Thursday.

But Heyburn did not immediately address that request, the Courier-Journal said.

State officials told the judge they would decide soon on whether to appeal.

Heyburn issued a preliminary order Feb. 12 striking down some parts of a 1998 state law and a 2004 state constitutional amendment defining marriage as between one man and one woman. The laws banned the recognition of same-sex marriages from states where they are legal.

The judge cited the equal protection guarantee of the U.S. Constitution.

Earlier this week, a federal judge in Texas found the state's ban on same-sex marriages and its refusal to recognize such out-of-state marriages unconstitutional.

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However, the bans will remain in place because U.S. District Judge Orlando Garcia in San Antonio also issued a stay pending appeal, the San Antonio Express-News reported.

Meanwhile, three same-sex couples have asked a U.S. appeals court to uphold a judge's ruling that a same-sex marriage ban in Utah's state Constitution violates the U.S. Constitution.

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