Governor Steve Beshear's administration is arguing in a brief filed with the U.S. Supreme Court that Kentucky's ban on gay marriage isn't discriminatory because it bars both gay and straight people from same-sex unions.
The brief argues that because Kentucky's law bars everyone from same-sex marriage, it isn't discriminatory and should be upheld.
Attorney Dan Canon, who represents six gay couples challenging Kentucky's gay marriage ban, told The Courier-Journal that the argument in the brief filed last week is "especially absurd."
Beshear spokeswoman Kerri Richardson said the governor would have no comment. He has said previously he favors a decision by the Supreme Court.
Justices will hear arguments on April 28 on state marriage bans from Ohio, Kentucky, Michigan and Tennessee.