Ogren v. Miller

This action arises pursuant to 28 U. S.C. §§ 1331, 1343 and 42 U.S.C. § 1983 to have declared as invalid, under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Kentucky Revised Statute 186.470 and to enjoin its enforcement. This three-judge district court was impaneled pursuant to the provisions of 28 U.S.C. §§ 2281, 2284, to determine the federal constitutional question presented herein.

The facts are uncontroverted and can be briefly stated. Plaintiff, who is married and living with her husband, tendered with her minor son his application for a…