Tom Loftus

The (Louisville, Ky.) Courier-Journal

FRANKFORT, Ky. — Kentcuky Gov. Steve Beshear announced Tuesday that the state will hire outside counsel to appeal a federal judge's ruling that the state must recognize same-sex marriages legally performed outside the state.

Beshear said in a written statement that the potential for "legal chaos is real" if a delay is not issued in the case while it is appealed.

"Other Kentucky courts may reach different and conflicting decisions," Beshear said. "Employers, health care providers, governmental agencies and others faced with changing rules need a clear and certain roadmap. Also, people may take action based on this decision only to be placed at a disadvantage should a higher court reverse the decision."

The announcement came moments after state Attorney General Jack Conway's emotional announcement that he would not appeal U.S. District Judge John G. Heyburn II's ruling and would not pursue any more stays.

"Judge Heyburn got it right," said Conway. Beshear and Conway are Democrats.

By appealing, Conway said, he would be defending discrimination "and that I will not do."

Conway said he had prayed on the decision and felt he is doing what is right. He said that he was sworn to defend both the constitutions of Kentucky and the United States.

"It's about placing people over politics," he said.

He began choking up at the end of the statement before leaving without taking questions.

Heyburn had put enforcement of his order on hold for 20 days to allow state officials time to figure out how to implement the ruling. Conway and Beshear had asked Heyburn for a 90-day reprieve.

Heyburn's stay until March 20, announced Feb. 28, came about one hour after a hearing at which Assistant Attorney General Clay Barkley had argued that the state needs to meet with local and state agencies to see what laws, rules and policies will be affected and to ensure that all 120 counties respond consistently.

Heyburn's order to the state requiring the recognition of same-sex marriages performed out-of-state came after a Feb. 12 ruling that Kentucky laws and its constitutional amendment banning the recognition of same-sex marriages violate the constitutional guarantee of equal protection under the law.

He made that order final Feb. 27, meaning it was in effect briefly before the Feb. 28 stay.

Contributing: Mark Boxley