Kentucky

 Share 

LGBT rights in Kentucky
Kentucky (US)

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. commonwealth of Kentucky face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Kentucky. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.

Laws against homosexuality

In 1992 the Kentucky Supreme Court ruled the section of Kentucky's sodomy statute criminalizing consensual sodomy violated the Kentucky state constitution. In overturning the consensual sodomy statute (KRS 510.100) in the Kentucky v. Wasson case, the Kentucky Supreme Court decriminalized consensual sodomy. The statute remains on the books but remains unenforceable. In Lawrence v. Texas, the 2003 U.S. Supreme Court ruling overturning the remaining state sodomy laws, the U.S. Supreme Court further affirmed that such statutes violate the U.S. Constitution.

The former Kentucky statute criminalized consensual sexual relations between people of the same sex, even if conducted in private. Specifically, the law criminalized genital-oral (oral sex), genital-anal (anal sex), and anal-oral (rimming) sex -but only between partners of the same sex. Such sexual activities between mixed-sex (male-female) couples were legal. Such conduct was a misdemeanor punishable by up to 12 months in jail and a fine of up to $500. Solicitation of same was also a misdemeanor, punishable by up to 90 days in jail and a fine of up to $250.

Historically, Kentucky's sodomy statutes had changed over time. The 1860 sodomy statute criminalized anal penetration by a penis and applied to both male-female couples and male-male couples. Because the law focused exclusively on penile-anal penetration, consensual sex between women was technically legal in Kentucky until 1974. In fact, in 1909 the Kentucky Supreme Court issued a ruling in Commonwealth v. Poindexter involving two African-American men arrested for consensual oral sex. In this decision the court upheld that the then current sodomy law did not criminalize oral sex but only anal sex.

In 1974 Kentucky revised its statutes as part of a penal code reform advocated by the American Law Institute. While the American Law Institute urged states to decriminalize consensual sodomy and other victimless crimes, the Kentucky legislature chose to decriminalize anal sex involving male-female couples but to broaden the new statute to criminalize anal-genital, oral-genital, and oral-anal sexual contact involving same-sex couples (both male-male and female-female couples). Thus, the 1974 revised statute decriminalized consensual anal sex for mixed-sex couples but expanded criminalization of sexual acts to include both male and female same-sex couples. Kentucky also reduced consensual sodomy from a felony to a misdemeanor in 1974. It was this final remaining consensual sodomy statute, which criminalized only same-sex behavior, which was ruled unconstitutional by the Kentucky Supreme Court in Kentucky v. Wasson in 1992.

Recognition of same-sex relationships

On November 9, 1973, the Kentucky Court of Appeals ruled in Jones v. Callahan that two women were properly denied a marriage license based on dictionary definitions of marriage, despite the fact that state statutes do not restrict marriage to a female-male couple. Its decision said that "in substance, the relationship proposed ... is not a marriage."

Kentucky voters adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name. Similar restrictions appear in the state statutes as well.

Kentucky has extended hospital visitation rights to same-sex couples though a designated visitor statute.

Adoption and parenting

Kentucky permits adoption by individuals or married couples only. There are no explicit prohibitions on adoption by same-sex couples, however, a 2008 decision by the Kentucky Court of Appeals interprets existing Kentucky statutes as not allowing second parent adoption by couples who are unmarried or whose marriages are not recognized under Kentucky law. Thus, an unmarried (or a same-sex couple whose marriage is not recognized in Kentucky) couple cannot under Kentucky law adopt a child together according to the appellate decision. Likewise, a partner in a same-sex or mixed-sex couple cannot adopt her/his partner's biological child through a second parent adoption. A second-parent adoption by a person of the same sex terminates the parental rights of the first.

Discrimination protection

Public Employment Public employment discrimination against state workers based on sexual orientation (heterosexual, homosexual or bisexual) or gender identity is illegal under an executive order by Governor Steve Beshear (Democrat) in June 2008. Such discrimination was originally banned by an executive order by then Governor Paul Patton (Democrat) under an executive order issued by him in 2003. When Republican Governor Ernie Fletcher took office, however, he subsequently removed these protections in 2006. Thus, Beshear's order reinstates such protections.[9]

Private Employment Four Kentucky cities have local non-discrimination ordinances -or Fairness Ordinances- covering sexual orientation and gender identity: Covington (2003), Lexington-Fayette County (1999), Louisville Metro (1999), and Vicco (2013). The City of Henderson adopted a non-discrimination ordinance in 1999 but a subsequent group of city commissioners removed the protections in 2001.

Some of Kentucky's largest employers also ban sexual orientation discrimination through company policies and include such employers as Lexmark, the University of Kentucky, the University of Louisville, Toyota, Ford Motor Company, General Electric, PNC Financial Services, Yum! Brands and United Parcel Service.

Housing The four existing non-discrimination ordinances in Covington, Lexington, Louisville and Vicco ban also ban housing discrimination because of a person's sexual orientation or gender identity.

Public Accommodations The four existing non-discrimination ordinances in Covington, Lexington, Louisville and Vicco ban also ban housing discrimination because of a person's sexual orientation or gender identity.

Religious Freedom Act of 2013 In March 2013 the Kentucky legislature passed the Religious Freedom Act which requires the state to show "clear and convincing evidence" for any statutes or policies which infringe on an individual's "sincerely held religious beliefs". More than 50 civil rights, public health, religious and other community groups opposed the bill and urged Governor Steve Breshear to veto it. These opponents included the Kentucky League of Cities, the Kentucky Association of Counties, the Kentucky ACLU and the mayors of Louisville and Covington. The bill was supported by the Kentucky Family Foundation and the Kentucky Catholic Conference. Governor Breshear vetoed the bill. The Kentucky legislature subsequently overrode his veto by votes of 79-15 (KY House) and 32-6 (KY Senate). Opponents argue the act is vaguely worded and may be broadly applied to overriding local non-discrimination ordinances that cover sexual orientation and gender identity bias. Supporters -including the bill's sponsor, Representative Bob Damron (Democrat)- argue the bill is needed to protect religious believers from state encroachment. They point to a case where several Kentucky Amish men were arrested when they refused to put reflectors on their buggies traveling government-maintained roads. The Amish men believed the reflectors violated their religious beliefs against ornamentation while the state viewed the issue as upholding state road safety laws. Representative Damron argued that the Act would not be used as opponents fear.

Religious Freedom Act's text:

"Government shall not substantially burden a person's freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties or an exclusion from programs or access to facilities."

Hate crime laws

Kentucky statutes cover hate crimes based on sexual orientation but not gender identity.

On March 15, 2012, the Kentucky State Police assisted the FBI in arresting David Jenkins, Anthony Jenkins, Mable Jenkins, and Alexis Jenkins of Partridge, KY for the beating of Kevin Pennington during a late-night attack in April 2011 at Kingdom Come State Park, near Cumberland. The push came from the gay-rights group Kentucky Equality Federation, whose president, Jordan Palmer, began lobbying the U.S. Attorney for the Eastern District of Kentucky In August 2011 to prosecute after stating he had no confidence in the Harlan County Commonwealth's Attorney to act. "I think the case's notoriety may have derived in large part from the Kentucky Equality Federation efforts," said Harvey, the U.S. Attorney for the Eastern District of Kentucky. Mable Jenkins, and Alexis Jenkins plead guilty.

Gender reassignment

Kentucky permits post-operative transsexuals to amend their sex on their birth certificates.

Public opinion

An August 2011 Public Policy Polling survey found that 26% of Kentucky voters thought that same-sex marriage should be legal, while 62% thought it should be illegal and 12% were not sure. A separate question on the same survey found that 51% of Kentucky voters supported the legal recognition of same-sex couples, with 21% supporting same-sex marriage, 30% supporting civil unions but not marriage, 46% favoring no legal recognition and 3% not sure.

Organizations

LGBT organizations

• Fairness Campaign
• Kentucky Equality Federation
• Kentucky Fairness Alliance
• BiWays

LGBT youth organizations

• Louisville Youth Group
• Our House - Project Safe Place

Higher education LGBT resource offices

• University of Louisville Office of LGBT Services

Anti-LGBT Industry

• American Family Association of Kentucky

References

Thank You
LGBT Wikipedians
......
Some content in this article from Wikipedia's WikiProject LGBT studies
The Wikipedia article is LGBT rights in Kentucky
......
Special thank you to participants of Wikipedia's WikiProject LGBT studies!