Kentucky Governor Steve Beshear argues
that Kentucky's ban on gay marriage helps ensure the human race.
Appealing a federal court's decision
ordering the state to recognize the out-of-state marriages of gay
couples, state lawyers say Kentucky has an interest in “ensuring
humanity's continued existence.”
U.S. District Judge John G. Heyburn
handed down his order on February 26.
After Kentucky Attorney General Jack
Conway declined to defend the state's ban in court, Beshear, a
Democrat, hired private lawyers to do the job.
In response to plaintiffs' motion for
summary judgment, Beshear's hired counsel argue Kentucky's ban is
rational and “consistent with sound economic policy.”
“It is axiomatic that procreation is
vital to continuation of the human race and that only man-woman
couples can naturally procreate,” the
brief states. “Encouraging, promoting, and supporting the
formation of relationships that have the natural ability to procreate
furthers the Commonwealth's fundamental interest in ensuring
humanity's continued existence.”
“The continued expansion of the
population through stable birth rate growth fosters long-term
economic stability, unquestionably a valid state interest. One need
look no further than economic journals and news sources to see the
correlation between a society's birth rates and its long term ability
to support a strong economy.”
Beshear put forth similar arguments in
previous briefs.
“Gay and non-gay couples marry for a
bunch of reasons not related to birthrates and procreation, including
love, commitment and proving a strong family setting in which to
build a life with a partner and, for many, raise kids,” Evan
Wolfson, a lawyer and founder of Freedom to Marry, said in response.
(Brief provided by Equality
Case Files.)