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Kentucky Same Sex Divorce - On Hold

While other states move quickly to legitimize their same sex marriages both in ceremony and divorce (Florida being the latest - its attorney general, Pam Bondi, however attempting to challenge and zealously endeavoring to preserve the sanctity of her two previous failed marriages), Kentucky is still hanging on to the bloody flag of tradition, aided by the Sixth Circuit Court of Appeals.

Currently, the matter is heading for the US Supreme Court.

"In a 36-page petition filed Tuesday, lawyers for the plaintiffs say the Supreme Court should take the case to resolve the "absurd" conflicts between states where bans on same-sex marriage have been found constitutional and those in which they have been struck down.

Thirty-three states now allow gay marriage while 17 ban it. The latter include Kentucky, Michigan, Tennessee and Ohio, whose prohibitions were upheld Nov. 7 in a 2-1 ruling by the 6th U.S. Circuit Court of Appeals.

Four other circuit courts have said gays have a constitutional right to marry, putting them in conflict with the Cincinnati-based court. Experts say the differing appellate court decisions make it likely the Supreme Court will hear the issue. The court in October had refused to hear appeals from five states where same-sex marriage bans had been struck down."

I am anticipating that a solid majority is going to side with, at minimum, full faith and credit recognition of valid marriages solemnized in other states for the purpose of granting a divorce. It may go as far as to extend 14th Amendment recognition and protection, but given the somewhat Taney-like proclivities of this Chief Justice, I have my doubts.

This office stands ready to address all aspects of these unions, from formation to dissolution, including matters of spousal maintenance, property division, modification and child custody.