Kentucky governor Steve Beshear via Politico
Recalling Virginia's rationale for banning mix-race marriage 50 years ago, Kentucky Governor Steve Beshear says Kentucky's ban on same-sex marriage isn't discriminatory because neither gays nor straights can get gay married.
Via the Courier-Journal:
Kentucky Gov. Steve Beshear says the state's ban on gay marriage should be upheld in part because it is not discriminatory in that both gay and straight people are barred from marrying people of the same gender.
In an argument labeled absurd by gay marriage advocates, Beshear's lawyer says in a brief filed last week at the U.S. Supreme Court that "men and women, whether heterosexual or homosexual, cannot marry persons of the same sex" under Kentucky law, making the law non-discriminatory.
The argument mirrors that offered by the state of Virginia nearly 50 years ago when it defended laws barring interracial marriage there and in 15 other states, including Kentucky, by saying they weren't discriminatory because whites were barred from marrying blacks just as blacks were barred from marrying whites.
The Supreme Court in 1967 rejected that argument in the historic case of Loving v. Virginia, in which Richard Loving, a white man, and Mildred Jeter, a black woman, were charged with a crime for marrying.