Marriage IssuesMinimize

The Fairness Campaign favors repeal of the § 233A of the Kentucky Constitution, the “Marriage Amendment” passed in 2004, which bars recognition of the marriages of same-sex couples and further provides that a “legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” This blanket discrimination in the treatment of the marriages and relationships of same-sex couples results in hardship for couples, their children, and many others with whom they enter into contracts and come into contact in everyday life. As more states across the country continue to provide full marital equality, the Fairness Campaign will work to build the kind of political support necessary to achieve this result in Kentucky as well.

The Fairness Campaign recognizes that achieving full marital equality in Kentucky is a long-term goal, which will require us to first achieve a series of victories along the way. Among these are: (1) to build a broader grass-roots network of support throughout the state; (2) to educate elected officials about the fundamental unfairness of unequal marriage laws (as well as other discrimination against the LGBT community); (3) to work within a broad coalition of groups to ultimately make possible the passage by the legislature a new amendment to be sent to the voters, at a time when there is a reasonable chance for that amendment to win at the polls.

Below are some of the 1,400 state and federal legal rights gay and lesbian couples are denied:
  • Joint parental rights of children
  • Joint adoption
  • Status as "next-of-kin" for hospital visits and medical decisions
  • Right to make a decision about the disposal of loved ones remains
  • Immigration and residency for partners from other countries
  • Crime victims recovery benefits
  • Domestic violence protection orders
  • Judicial protections and immunity
  • Automatic inheritance in the absence of a will
  • Public safety officers death benefits
  • Spousal veterans benefits
  • Social Security
  • Medicare
  • Joint filing of tax returns
  • Wrongful death benefits for surviving partner and children
  • Bereavement or sick leave to care for partner or children
  • Child support
  • Joint Insurance Plans
  • Tax credits including: Child tax credit, Hope and lifetime learning credits
  • Deferred Compensation for pension and IRAs
  • Estate and gift tax benefits
  • Welfare and public assistance
  • Joint housing for elderly
  • Credit protection
  • Medical care for survivors and dependents of certain veterans



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