Other prohibited marriages
(1) Marriage is prohibited and void:
(a) With a person who has been adjudged mentally disabled
by a court of competent jurisdiction;
(b) Where there is a husband or wife living, from whom
the person marrying has not been divorced;
(c) When not solemnized or contracted in the presence
of an authorized person or society;
(d) Between members of the same sex;
(e) Between more than two (2) persons; and
(f) Except as provided in subparagraph 3. of this paragraph,
when at the time of the marriage, the person is under
sixteen (16) years of age;
2. Except as provided in subparagraph 3. of this paragraph,
when at the time of marriage, the person is under eighteen
(18) but over sixteen (16) years of age, if the marriage
is without the consent of:
a. The father or the mother of the person under eighteen
(18) but over sixteen (16), if the parents are married,
the parents are not legally separated, no legal guardian
has been appointed for the person under eighteen (18)
but over sixteen (16), and no court order has been issued
granting custody of the person under eighteen (18) but
over sixteen (16) to a party other than the father or
mother;
b. Both the father and the mother, if both be living
and the parents are divorced or legally separated, and
a court order of joint custody to the parents of the person
under eighteen (18) but over sixteen (16) has been issued
and is in effect;
c. The surviving parent, if the parents were divorced
or legally separated, and a court order of joint custody
to the parents of the person under eighteen (18) but over
sixteen (16) was issued prior to the death of either the
father or mother, which order remains in effect;
d. The custodial parent, as established by a court order
which has not been superseded, where the parents are divorced
or legally separated and joint custody of the person under
eighteen (18) but over sixteen (16) has not been ordered;
or
e. Another person having lawful custodial charge of the
person under eighteen (18) but over sixteen (16), but
3. In case of pregnancy the male and female, or either
of them, specified in subparagraph 1. or 2. of this paragraph,
may apply to a District Judge for permission to marry, which
application may be granted, in the form of a written court
order, in the discretion of the judge. There shall be a
fee of five dollars ($5) for hearing each such application.
(2) For purposes of this section "parent," "father,"
or "mother" means the natural parent, father,
or mother of a child under eighteen (18) unless an adoption
takes place pursuant to legal process, in which case the
adoptive parent, father, or mother shall be considered the
parent, father or mother to the exclusion of the natural
parent, father, or mother, as applicable.
(Kentucky Revised Statutes section 402.20)
Valid or recognized marriage; status of unmarried individuals
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 Constitution, Section 233A, approved by the electorate on November 2, 2004)
Attorney General Opinion on Whether a state university’s offering health insurance cover-age for “domestic partners” of its employees violates Section 233A of the Kentucky Constitution
