In a brief filed this week in a case
challenging Kentucky's ban on gay marriage, Governor Steve Beshear's
administration argues that the ban should be upheld because it is not
biased.
The Supreme Court will hear arguments
in the case on April 28, with a ruling expected in June.
Lawyers representing the state argue
that the ban does not “discriminate on the basis of sexual
orientation” because it applies evenly to all citizens.
“Kentucky’s marriage laws treat
homosexuals and heterosexuals the same and are facially neutral,”
the
brief states. “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.”
Dan Canon, a lawyer representing the
six couples challenging the ban, responded:
“Kentucky is in essence saying that our clients are precluded from
marriage entirely, unless they change their sexual orientation. …
It's akin to passing a law banning all Catholic churches within city
limits, and then saying it's not discriminatory because you can still
go to a Baptist church.”
(Brief provided by Equality
Case Files.)