Back in February, a federal judge significantly diluted Kentucky’s ban on same-sex marriage when he ruled that the state must recognize gay couples who are legally married outside the Bluegrass State. In its appeal of that ruling, Kentucky is making one of the most bizarre arguments I’ve ever seen in defense of a gay marriage ban–since gays can’t have babies, it would be irresponsible for Kentucky to recognize gay couples as legally married.
Mother Jones managed to get its hands on Kentucky’s appellate brief. It was drafted by a firm based in Ashland, since state attorney general Jack Conway is not defending the state in this case. Conway believes that the ban violates the federal constitution and refuses to take part in any case defending it. The brief claims that Kentucky has a vested interest in preserving traditional marriage because it ensures “long-term economic stability through stable birth rates.” It further argues that stable birth rates offset the cost of providing marriage benefits. But the brief provides no supporting research or any evidence that legalizing same-sex marriage lowers the birth rate. This brief has to be read to be believed–read it here.
When Greg Bourke, one of the plaintiffs in the case, found out about this argument, he was being extremely charitable in calling it “ridiculous.” He also pointed out that by implication, Kentucky has delivered a slap in the face to every straight couple who cannot have children or choose not to take the plunge into parenthood. Indeed, when reading this, I have to wonder–do Kentucky’s county clerks ask couples wanting to get a marriage license if they ever plan to have kids? I doubt that there is a county clerk anywhere in this country–even in the reddest of states–who could ask such a grossly invasive question and keep his or her job. If you can’t ask that question of a straight couple, why ask that of a gay couple? Unless I missed something, that question isn’t answered anywhere in the brief with any evidence to support such an answer. And unless one can be provided, smart money should be on this ban joining the many others that have gone in the shredder since the federal Supreme Court effectively neutered the Defense of Marriage Act last year.
Darrell Lucus is a radical lefty Jesus-lover who has been blogging for change for a decade. Follow him on Twitter @DarrellLucus or connect with him on Facebook.
