Kentucky Sex Laws

http://www.lrc.ky.gov/Statutes/index.aspx

Last update:   9/7/2014

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Title L - Kentucky Penal Code, Chapter 510 Sexual Offenses,

 

510.010   Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(1) "Deviate sexual intercourse" means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person.

"Deviate sexual intercourse" does not include penetration of the anus by a

foreign object in the course of the performance of generally recognized

health-care practices;

 

 

510.100   Sodomy in the fourth degree.

(1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex.

(2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense.

(3) Sodomy in the fourth degree is a Class A misdemeanor.

Effective:January 1, 1975

History: Created 1974 Ky. Acts ch.􀁢406, sec.􀁢90, effective January 1, 1975.

 

 

Title XIX - Public Safety and Morals, Ch. 232 Nudist Societies, 232.010

 

232.010   Nudist defined.

As used in this chapter, "nudist" means any person who displays any part of his private person naked before persons of the opposite sex, not his husband or wife, at their solicitation or with their consent, for religious or health purposes, excepting for purposes of examination and treatment by physicians.

History: Amended 1968 Ky. Acts ch. 203, sec.01. -- Recodified 1942 Ky. Acts

ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3727b-1.

 

Title XIX - Public Safety and Morals, Ch. 233 Abatement of houses of prostitution

233.010   House of prostitution defined.

As used in this chapter, "house of prostitution" means any building, erection or other place used for the purpose of lewdness, assignation or prostitution. It includes the ground upon which the building stands, and all improvements upon that ground.

 

 

 

From:

http://www.freedomtomarry.org/pages/marriage-rulings-in-the-courts

Love v. Beshear

7/1/14 • Federal Court Ruling

Federal court decision declaring that same-sex couples in KY have the freedom to marry, following a previous ruling in this case that the state must respect the legal marriages of same-sex couples performed in other states.

 

Bourke v. Beshear

2/12/14 • Federal Court Ruling

Federal court decision declaring that marriages between same-sex couples legally performed in other states must be respected for all purposes in KY. Ruling on hold pending appeal to 6th Circuit Court of Appeals.

 

 

 

 

In 1970 Marjorie Jones & Tracy Knight were denied a marriage license by the county clerk who refused upon seeking advice from the district attorney. On November 9, 1973, the Kentucky Court of Appeals (at the time the state's highest court of appeals) unanimously ruled that members of the same sex do not have a right to marry, even though the law of Kentucky at the time did not specifically define it as between a man and a woman, the court found that the definition of marriage had never included members of the same sex, noting that churches kept records before the state issued any marriage licenses. Citing Reynolds v. United States the court declared 'The claim of religious freedom cannot be extended to make the professed doctrines superior to the law of the land and in effect to permit every citizen to become a law unto himself...We do not consider the refusal to issue the license a punishment"[32]

 

Texts : * Kentucky Constitution, Section 233A Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.

Kentucky Revised Statutes

 

Section 402.005 Definition of marriage.

As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.

Section 402.020 Other prohibited marriages.

(1) Marriage is prohibited and void: (d) Between members of the same sex;

Section 402.040 Marriage in another state

(1) If any resident of this state marries in another state, the marriage shall be valid here if valid in the state where solemnized, unless the marriage is against Kentucky public policy.

(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.

Section 402.045 Same-sex marriage in another jurisdiction void and unenforceable.

(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.

 

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

On September 10, 2013 the Kentucky Equality Federation sued the Commonwealth of Kentucky in Franklin Circuit Court claiming Kentucky's 2004 Constitutional Amendment banning same-sex marriage violated sections of the commonwealth's constitution.[33][34] Case # 13-CI-1074 was assigned by the Franklin County Court Clerk (the location of the Kentucky State Capitol). The case remains open and no determination has been reached by the court. The lawsuit was conceived by President Jordan Palmer, written and signed by Vice President of Legal Jillian Hall, Esq. Palmer stated to the media that "Kentucky added a facially unconstitutional amendment to its constitution via a ballot initiative process. Thus, the attempt to abrogate constitutional sensibilities in favor of a ballot initiative, as was done for Section 233A of the Kentucky Constitution in 2004, is against the very notion of equal protection as guaranteed to each and all of Kentucky’s population. This should be held as true as a matter of law by the Courts, regardless of the ballot’s outcome."