A Kentucky judge found the state's same-sex marriage ban is unconstitutional.
Franklin Circuit Court Judge Thomas Wingate wrote in his decision: "This Court believes that marriage, regardless of whether the union is between members of the same sex or opposite sex, is a fundamental right".
"Kentucky's efforts to deny lawfully married same-sex couples the benefits of that marriage, and to deny other same-sex couples the right to marry at all, does not survive substantive due process scrutiny", Wingate continued.
Kentucky Attorney General Jack Conway has refused to appeal this decision on recognition of same sex marriages.
But the ruling is on hold, pending future judgments from the US Supreme Court. At the end of the month, the nine-justices will hear gay marriage ban cases from Kentucky, Michigan, Ohio and Tennessee.
It´s time SCOTUS!