First federal lawsuit filed challenging KY ban on same-sex marriage

LOUISVILLE, KY (WAVE) – The first lawsuit challenging Kentucky's state constitutional ban on same-sex marriage was filed Friday morning in U.S. District Court.

Attorneys Shannon Fauver and Dawn Elliott filed the legal challenge on behalf of Gregory Bourke and Michael Deleon of Louisville who have been together 31 years and have two children they adopted.

[PREVIOUS STORY: Legal challenges underway after Supreme Court gay marriage rulings]

The lawsuit cites the deprivation of the fundamental right to marry in violation of the Due Process Clause of the 14th Amendment, discrimination on the basis of sexual orientation in violation of the Equal Protection Clause of the 14thQ Amendment, and discrimination on the basis of sex in violation of the Equal Protection Clause of the 14th Amendment.

It has been more than 20 days since the Defense of Marriage Act was struck down by the U.S. Supreme Court, which is typically the time period for further legal action following Supreme Court decisions.

In a statement to WVAE 3 News, Allison Martin, a spokesperson for the Kentucky Attorney General's Office, said "We have not seen the lawsuit. We will review it, but it is generally our policy not to comment on pending litigation."

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