Dumbassery

Kentucky’s Absurd Argument in Favor of its Gay Marriage Ban

JM Ashby
Written by JM Ashby

Kentucky Governor Steve Beshear may be a Democrat who embraced the expansion of Medicaid under Obamacare, but that doesn't mean he's immune to conservative dumbassery.

Beshear's counsel has filed an amazing brief with the Supreme Court arguing in favor of the state's gay marriage ban.

"Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law."

Kentucky's gay marriage ban is not discriminatory because neither gay or straight people can marry someone of the same sex?

It may be technically accurate that straight people cannot marry someone of the same sex, but that's not really the point, is it? This is absurdly obtuse.

I was going to say no judge would buy that rationale, but then I remembered that Scalia, Thomas, and Alito exist.

  • muselet

    The same argument was made back in the bad old days in support of Jim Crow laws. SSDD.

    And yeah, Scalia, Thomas and Alito will eat that argument up with a spoon.

    –alopecia

  • Christopher Foxx

    Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law.

    It’s bait-and-switch logic.

    In the first sentence they start by saying folks are treated the same regardless of their orientation. But every sentence after that is about how no distinction is made based on their gender.

    In fact, they are clearly not treating people the same regardless of their orientation because heterosexuals can marry who they love, but homosexuals cannot.