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

Ky. Rev. Stat. § 402.020 (2026)

Other prohibited marriages

✓ current as of May 2026
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(1) Marriage is prohibited and void:

(a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction;

(b) Where there is a husband or wife living, from whom the person marrying has not been divorced;

(c) When not solemnized or contracted in the presence of an authorized person or society;

(d) Between members of the same sex;

(e) Between more than two (2) persons; and

(f) Except as provided in KRS 402.210, with a person who at the time of marriage is under eighteen (18) years of age.

(2) Subsection (1)(f) of this section shall not apply to a lawful marriage entered into in the Commonwealth of Kentucky prior to July 14, 2018, or to a lawful marriage in another state or country prior to the parties' residence in the Commonwealth of Kentucky. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 36, sec. 1, effective July 14, 2018. -- Amended 1998 Ky. Acts ch. 122, sec. 1, effective March 26, 1998 and ch. 258, sec. 2, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 212, sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 141, sec. 113, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 92, sec. 12, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 399, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 49, sec. 6; and ch. 386, sec. 90. -- Amended 1968 Ky. Acts ch. 200, sec. 10. -- Amended 1966 Ky. Acts ch. 72, sec. 1. -- Amended 1960 Ky. Acts ch. 8, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2097. Note: 1980 Ky. Acts ch. 396, sec. 124 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

Notes of Decisions
Cited in 28 cases, 1946–2017 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
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Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “2003) Kentucky 18 Ky. Rev. Stat. Ann. §§ 402.020 , 402.210 (Lexis 1999) Louisiana 18 La.”
Loving v. Virginia, 388 U.S. 1 (1967). · cites it 2× “§ 53-106 (1961); Kentucky, Ky. Rev. Stat. Ann. § 402.020 (Supp. 1966); Louisiana, La.”
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). · cites it 18× “Second, the trial court concluded that the marriage was in violation of KRS 402.020. KRS 402.020(1)(f) states that a marriage is prohibited and void when at the time of the marriage, either person is under the age of 16, unless the female is pregnant, in which case permission to…”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). · cites it 6× “] KRS 402.020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). · cites it 2× “1988) (citing KRS 402.020(3)). As with the record in Murphy , ours “is not a case in which an innocent party is led to believe she has entered into a lawful marriage when in fact she has not,” or in which Petocz was the “weaker of the two cohabitants” and fell prey to a “devious…”
Anne M. Talley v. Daniel J. Paisley, 525 S.W.3d 523 (Ky. 2017). · cites it 2× “' 1988) (citing KRS 402.020(3')). The United States Supreme Court has recognized a fundamental right to marriage.”
Littleton v. Prange, 9 S.W.3d 223 (Tex. App. 1999). · cites it 2× “001(b) (Vernon 1998); Ky.Rev.Stat. Ann. § 402.020(1)(d) (Banks-Baldwin 1999).”
Bourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014). “§ 402.020(l)(d); (3) declared same-sex marriages contrary to Kentucky public policy, K.”
Murphy v. Bowen, 756 S.W.2d 149 (Ky. Ct. App. 1988). · cites it 2× “Although both testified that neither shared in the proceeds or raising of the tobacco crop of the other on their respective farms, there was considerable evidence to imply a joint endeavor in the raising of cattle.”
Mangrum v. Mangrum, 220 S.W.2d 406 (Ky. Ct. App. 1949). · cites it 4× “KRS 402.020 prohibits marriage where the male is under 16 or the female under 14 years of age.”
Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990). · cites it 3× “KRS 402.020 2 pro *53 vides that if at the time of the marriage a person is under the age of eighteen and does not have the consent of his or her legal guardian, the marriage is “prohibited and void.”
Harvey v. Harvey, 298 S.E.2d 467 (W. Va. 1982). “2d 652 (1944), the court stated as follows: "KRS 402.020 ... provides a marriage is void where there is a husband or wife living from whom the person marrying has not been divorced.”
Show all 28 citing cases →
— Ky. Rev. Stat. § 402.020(1) — 3 cases
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “] KRS 402.020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
Cook v. Cook, 243 S.W.2d 900 (Ky. Ct. App. 1951).
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 402.020(1)(c) — 1 case
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 402.020(1)(d) — 2 cases
Littleton v. Prange, 9 S.W.3d 223 (Tex. App. 1999). “001(b) (Vernon 1998); Ky.Rev.Stat. Ann. § 402.020(1)(d) (Banks-Baldwin 1999).”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008).
— Ky. Rev. Stat. § 402.020(1)(f) — 2 cases
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). “Second, the trial court concluded that the marriage was in violation of KRS 402.020. KRS 402.020(1)(f) states that a marriage is prohibited and void when at the time of the marriage, either person is under the age of 16, unless the female is pregnant, in which case permission to…”
Clarence Robinson v. Commonwealth of Kentucky (Ky. 2006).
— Ky. Rev. Stat. § 402.020(2) — 1 case
Ferguson v. Ferguson, 610 S.W.2d 925 (Ky. Ct. App. 1980).
— Ky. Rev. Stat. § 402.020(3) — 11 cases
Murphy v. Bowen, 756 S.W.2d 149 (Ky. Ct. App. 1988). “Although both testified that neither shared in the proceeds or raising of the tobacco crop of the other on their respective farms, there was considerable evidence to imply a joint endeavor in the raising of cattle.”
Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). “1988) (citing KRS 402.020(3)). As with the record in Murphy , ours “is not a case in which an innocent party is led to believe she has entered into a lawful marriage when in fact she has not,” or in which Petocz was the “weaker of the two cohabitants” and fell prey to a “devious…”
Anne M. Talley v. Daniel J. Paisley, 525 S.W.3d 523 (Ky. 2017). “' 1988) (citing KRS 402.020(3')). The United States Supreme Court has recognized a fundamental right to marriage.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “] KRS 402.020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
Tarter v. Medley, 356 S.W.2d 255 (Ky. Ct. App. 1962).
— Ky. Rev. Stat. § 402.020(4) — 2 cases
Pendleton Ex Rel. Gadd v. Pendleton, 531 S.W.2d 507 (Ky. Ct. App. 1975).
Beddow v. Beddow, 257 S.W.2d 45 (Ky. Ct. App. 1952).
— Ky. Rev. Stat. § 402.020(5) — 2 cases
Bd. of Educ. of Harrodsburg v. Bentley, 383 S.W.2d 677 (Ky. Ct. App. 1964).
Beddow v. Beddow, 257 S.W.2d 45 (Ky. Ct. App. 1952).
— Ky. Rev. Stat. § 402.020(l)(c) — 2 cases
Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). “1988) (citing KRS 402.020(3)). As with the record in Murphy , ours “is not a case in which an innocent party is led to believe she has entered into a lawful marriage when in fact she has not,” or in which Petocz was the “weaker of the two cohabitants” and fell prey to a “devious…”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “] KRS 402.020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
— Ky. Rev. Stat. § 402.020(l)(d) — 4 cases
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “] KRS 402.020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
Bourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014). “§ 402.020(l)(d); (3) declared same-sex marriages contrary to Kentucky public policy, K.”
Littleton v. Prange, 9 S.W.3d 223 (Tex. App. 1999). “001(b) (Vernon 1998); Ky.Rev.Stat. Ann. § 402.020(1)(d) (Banks-Baldwin 1999).”
Holbert v. West, 730 F. Supp. 50 (E.D. Ky. 1990). “KRS 402.020 2 pro *53 vides that if at the time of the marriage a person is under the age of eighteen and does not have the consent of his or her legal guardian, the marriage is “prohibited and void.”
— Ky. Rev. Stat. § 402.020(l)(f) — 1 case
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). “Second, the trial court concluded that the marriage was in violation of KRS 402.020. KRS 402.020(1)(f) states that a marriage is prohibited and void when at the time of the marriage, either person is under the age of 16, unless the female is pregnant, in which case permission to…”
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