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Thus, the 1974 revised statute decriminalized consensual anal sex for mixed-sex couples but expanded criminalization of sexual acts to include both male and female same-sex couples. While the American Law Institute urged states to decriminalize consensual sodomy and other victimless crimes, the Kentucky legislature chose to decriminalize anal sex involving male-female couples but to broaden the new statute to criminalize anal-genital, oral-genital, and oral-anal sexual contact involving same-sex couples (both male-male and female-female couples).
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In 1974, Kentucky revised its statutes as part of a penal code reform advocated by the American Law Institute. In this decision the court upheld that the then current sodomy law did not criminalize oral sex but only anal sex. Poindexter involving two African-American men arrested for consensual oral sex. In fact, in 1909 the Kentucky Supreme Court issued a ruling in Commonwealth v. Because the law focused exclusively on penile-anal penetration, consensual sex between women was technically legal in Kentucky until 1974. The 1860 sodomy statute criminalized anal penetration by a penis and applied to both male-female couples and male-male couples. Historically, Kentucky's sodomy statutes had changed over time. Solicitation of same was also a misdemeanor, punishable by up to 90 days in jail and a fine of up to $250. Such conduct was a misdemeanor punishable by up to 12 months in jail and a fine of up to $500. Such sexual activities between mixed-sex (male-female) couples were legal. Specifically, the law criminalized genital-oral (oral sex), genital-anal (anal sex), and anal-oral (rimming) sex – but only between partners of the same sex. The former Kentucky statute criminalized consensual sexual relations between people of the same sex, even if conducted in private. Supreme Court further affirmed that such statutes violate the U.S. Supreme Court ruling overturning the remaining state sodomy laws, the U.S. The statute remains on the books but remains unenforceable. Wasson case, the Kentucky Supreme Court decriminalized consensual sodomy. In overturning the consensual sodomy statute (KRS 510.100) in the Kentucky v. In 1992 the Kentucky Supreme Court ruled the section of Kentucky's sodomy statute criminalizing consensual sodomy violated the Kentucky state constitution.
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Same sex-marriage is now legal in the state under the U.S. On February 12, 2014, a federal judge ruled that the state must recognize same-sex marriages from other jurisdictions, but the ruling was put on hold pending review by the Sixth Circuit. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
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Same-sex sexual activity is legal in Kentucky. commonwealth of Kentucky have most of the same rights as non-LGBT persons have, but still face some legal challenges not experienced by other people.
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Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. The decision was handed down on June 26, 2015 Kentucky Constitutional Amendment 1 limits marriage to one man and one woman, also prohibits non-marriage same-sex unions. Same sex marriage legal as of Junder the U.S. Sexual orientation and gender identity protections ( see below) Transgender individuals may alter their birth certificate after sex-reassignment surgery