Kentucky Revised Statutes

Ky. Rev. Stat. § 402.045 (2026)

Same-sex marriage in another jurisdiction void and unenforceable

✓ current as of May 2026

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(1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.

(2) Any rights granted by virtue of the marriage, or its termination, shall be unenforceable in Kentucky courts. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 258, sec. 1, effective July 15, 1998.

Notes of Decisions

Cited in 2 cases, 2014–2014 · 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). “040(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. 402.045: (1) A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.”

Bourke v. Beshear, 996 F. Supp. 2d 542 (W.D. Ky. 2014). “§ 402.045. 3 Five years later, the Massachusetts Supreme Judicial Court declared that the state’s own ban on same-sex marriage violated their state constitution.”

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