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

Ky. Rev. Stat. § 402.040 (2026)

Marriage in another state

✓ current as of May 2026
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(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.

(2) A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 258, sec. 3, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2101.

Notes of Decisions
Cited in 9 cases, 1949–2014 · leading case: Love v. Beshear, 989 F. Supp. 2d 536 (W.D. Ky. 2014).
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Love v. Beshear, 989 F. Supp. 2d 536 (W.D. Ky. 2014). · cites it 3× “Ky.Rev.Stat. Ann. §§ 402.040(2), .045 (West 2014).”
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). · cites it 11× “Third, the trial court considered KRS 402.040, which states: "[i]f any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). · cites it 5× “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). “§ 402.040(2); and (4) declared same-sex marriages solemnized out of state void and the accompanying rights unenforceable, K.”
Pinkhasov v. Petocz, 331 S.W.3d 285 (Ky. Ct. App. 2011). “See also KRS 402.040. But regardless of how closely a relationship may resemble a legally valid civil marriage, Kentucky courts will not otherwise recognize such rights and obligations, and thereby reinstitute “by judi *297 cial fíat common law marriage which by expressed public…”
Beddow v. Beddow, 257 S.W.2d 45 (Ky. Ct. App. 1952). · cites it 2× “Marriage with an idiot or a lunatic is not valid in Mississippi. As pointed out in the Mississippi cases, ■such a marriage is voidable and may be annulled upon suit of the parties.”
Mangrum v. Mangrum, 220 S.W.2d 406 (Ky. Ct. App. 1949). · cites it 2× “030 authorize Kentucky Courts to annul marriages of females under the age of 14 (or males under the age of 16) where both parties to the marriage are domiciliaries of Kentucky but the marriage ceremony was performed under the jurisdiction of an *228 other state not having such…”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008). · cites it 5× “020(1), see also KRS 402.040(2)("A marriage between members of the same sex is against Kentucky public policy[.”
Clarence Robinson v. Commonwealth of Kentucky (Ky. 2006). “Third, the trial court considered KRS 402.040, which states : "[i]f any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.”
— Ky. Rev. Stat. § 402.040(1) — 1 case
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). “Third, the trial court considered KRS 402.040, which states: "[i]f any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.”
— Ky. Rev. Stat. § 402.040(2) — 5 cases
Love v. Beshear, 989 F. Supp. 2d 536 (W.D. Ky. 2014). “Ky.Rev.Stat. Ann. §§ 402.040(2), .045 (West 2014).”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “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). “§ 402.040(2); and (4) declared same-sex marriages solemnized out of state void and the accompanying rights unenforceable, K.”
Robinson v. Commonwealth, 212 S.W.3d 100 (Ky. 2006). “Third, the trial court considered KRS 402.040, which states: "[i]f any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008). “020(1), see also KRS 402.040(2)("A marriage between members of the same sex is against Kentucky public policy[.”
— Ky. Rev. Stat. § 402.040(2)(1998) — 2 cases
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008). “020(1), see also KRS 402.040(2)(“A marriage between members of the same sex is against Kentucky public policy[.”
Sjls v. Tls, 265 S.W.3d 804 (Ky. Ct. App. 2008). “020(1), see also KRS 402.040(2)("A marriage between members of the same sex is against Kentucky public policy[.”
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