Gilbert v. Barkes

Having successfully purged the common law of the tort of alienation of affections in Hoye v. Hoye, Ky., 824 S.W.2d 422 (1992), the majority of this Court now consigns to oblivion yet another ancient tort, the breach of promise to marry. While I claim no affection for either of these musty causes of action, I do defend this Court’s obligation to apply the law with some degree of consistency, including the application of constitutional principles to ourselves the same as we apply them to the General Assembly. In Williams v. Wilson, Ky., 972 S.W.2d 260 (1998), a majority of this Court reiterated…