In Your State
Does the state allow same-sex couples to marry?
Does the state recognize marriages, civil unions or domestic partnerships of same-sex couples from other jurisdictions?
Does the state offer any other type of relationship recognition for same-sex couples?
The state constitution prohibits marriage between same-sex couples. Amended in 2004 to say: “Only a marriage between one man and one woman shall be valid or recognized as legal in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” See Kentucky Constitution § 233A.
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
An executive order signed by Governor Paul Patton in 2003 and Governor Steve Beshear in 2008 protects government employees from discrimination on the basis of sexual orientation.
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?
All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."
Who may adopt?
Any adult. Generally, spouse must join petition if married. See Ky. Rev. Stat. 199.470.
May no longer be available based on appellate court ruling opining that second parent adoptions were unlawful. S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky.App. 2008).
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