Ky. Rev. Stat. » Chapter 402
Kentucky Revised Statutes

Ky. Rev. Stat. § 402.005 (2026)

Definition of marriage

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As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 258, sec. 4, effective July 15, 1998.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 2006–2022 · leading case: Windsor v. United States, 699 F.3d 169 (2d Cir. 2012).
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Windsor v. United States, 699 F.3d 169 (2d Cir. 2012). · cites it 2× “Const § 233A; Ky. Rev. Stat. Ann. §§ 402.005 & 402.020; La.”
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008). · cites it 4× “KRS 402.005 defines it as "the civil status, condition or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose *597 association is founded on the distinction of sex.”
Love v. Beshear, 989 F. Supp. 2d 536 (W.D. Ky. 2014). · cites it 3× “Being otherwise sufficiently advised, IT IS HEREBY ORDERED THAT to the extent Ky.Rev.Stat. §§ 402.005 and .020(l)(d) and Section 233A of the Kentucky Constitution deny same-sex couples the right to marry in Kentucky, they violate the Equal Protection Clause of the Fourteenth…”
Lane v. Lane, 202 S.W.3d 577 (Ky. 2006). · cites it 6× “Perhaps, an anti-nuptial agreement would be a more apt description as KRS 402.005 defines marriage as a union for life.”
Martin v. Ohio Cnty. Hosp. Corp., 295 S.W.3d 104 (Ky. 2009). “The Appellee has argued that the statutory definition of “marriage” in KRS 402.005 precludes recovery for spousal consortium after death because marriage is defined as a man and a woman being united “for life.”
Bourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014). “§ 402.005; (2) prohibited marriage between members of the same sex, K.”
Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). “6 More particularly, Kentucky’s statutory definition of marriage is set forth in KRS 402.005, which provides: [a]s used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in…”
Jack Pidgeon v. Mayor Sylvester Turner & City of Houston, 538 S.W.3d 73 (Tex. 2017). “§§ 23-2501, -2508 (1996); Ky. Rev. Stat. §§ 402.005, .020(1)(d), .040, .”
DeBoer v. Snyder, 772 F.3d 388 (6th Cir. 2014). “” Ky. Rev.Stat. § 402.005. In 2004, the Kentucky legislature proposed a constitutional amendment providing that “[o]nly a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky.”
J.N.R v. Hon Joseph O'Reilly Judge, No. 2007 SC 000175 (Ky. Apr. 24, 2008). · cites it 2× “KRS 402.005 defines it as "the civil status, condition or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.”
James Yates v. Kim Davis, No. 17-6120 (6th Cir. Aug. 23, 2019). “It describes who may solemnize a marriage and requires a couple to obtain a marriage license prior to marrying.”
April Miller v. Kim Davis, No. 17-6404 (6th Cir. Aug. 23, 2019). “Ky. Rev. Stat. §§ 402.005, 402.010, 402.020.”
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