Gay marriage cases combined, to be argued Aug. 6

Private counsel for Gov. Steve Beshear will have 15 minutes on Aug. 6 to persuade the 6th U.S. Circuit Court of Appeals to reverse a decision requiring Kentucky to recognize same-sex marriages.

The appellate court this week said it will hear arguments in gay marriage cases for Kentucky, Ohio, Michigan and Tennessee in a single session, paving the way for a decision on whether gay marriage is protected by the Constitution's guarantee of equal protection under the law.

"We certainly feel the weight of responsibility, but we are coming off a win at the district court so we have some momentum behind us," said Laura Landenwich, who may argue the case for four Kentucky same-sex couples and their children. "And we are confident that we are on the side that ultimately will prevail."

Shannon Fauver, another lawyer for the plaintiffs, said they all plan to attend — possibly with their children — to show the court their decision will affect real people.

Attorney Leigh Gross Latherow of Ashland, lead counsel for the firm Beshear hired after Attorney General Jack Conway refused to defend the state's same-sex marriage ban, didn't respond to requests for comment.

The 6th Circuit is the third appeals court to consider recent challenges to state gay marriage bans, though the first to consider cases in so many states at one time.

The five cases — two in Ohio — to be considered by the Cincinnati-based court involve slightly different issues but all focus on same-sex marriage. The court issued its order to consolidate on Monday. The three judges who will hear the cases have not been announced.

Attorneys in the Kentucky and Tennessee cases will have 15 minutes for each side, while those in the Ohio and Michigan will have 30.

Seventy-five organizations and individuals — most of them favoring same-sex marriage — have joined the cases as friends of the court.

The 6th Circuit's consolidation order is unusual but not unprecedented, said Carl Tobias, a professor of constitutional law at the University of Richmond. He cited the U.S. Supreme Court's 1954 decision in Brown v. Board of Education, which consolidated five segregation cases.

Either side could ask the U.S. Supreme Court to hear the gay marriage cases if they lose, but Tobias said the high court might not accept the appeal if all appellate courts hold that same-sex marriage is protected by the Constitution. The court usually accepts a case only if there is a split among the circuits.

U.S. District Judge John G. Heyburn II in February struck down Kentucky's constitutional amendment and statutes banning the recognition of same sex marriages performed where it is legal, but he later stayed his ruling pending the outcome of the appeal.

Reporter Andrew Wolfson can be reached at (502) 582-7189.