Kentucky Equality Federation v. Beshear*

Nature of Claims: 
Seeking only recognition of marriages entered by same-sex couples in other jurisdictions
(includes federal claims)
Harbinger & Associates

Surviving spouse seeking to be appointed personal representative under Florida Probate Code (which only allows out-of-state “spouses” to be appointed) challenged Florida’s ban on recognizing marriages same-sex couples entered outside the state.  On 5/12/14, an amended petition for administration was filed.  On 7/15/14, a memorandum of law was filed in support of the amended petition.  A hearing on the petition was held 7/15/14.  The trial court issued its decision on 8/5/14, holding that Florida’s marriage laws unconstitutionally impair Mr. Bangor’s right to choose a personal representative and that the marriage bans are “unconstitutional as applied in this estate,” but stating that the ruling is “strictly limited to the facts before it.” On 2/10/15, Simpson filed a petition to amend surviving spouse designation on the death certificate. A response was filed on 3/2/15. On 3/13/15 a hearing was held on the petition and an order was filed granting the petition to amend the death certificate.

Court Level: 
Friday, March 13, 2015