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

Written by SK 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.