In oral arguments Wednesday before a federal appeals court, Gov. Steve Beshear's attorney re-emphasized a stance that same-sex should not be allowed because the couples cannot procreate, raising issues for Kentucky's population growth and economy.
The three-judge panel from the U.S. 6th Circuit Court of Appeals will decide the fate of same-sex marriage bans in four states, including Kentucky, as the issue winds its way toward a likely appeal to the U.S. Supreme Court.
The case could prove "pivotal" because, unlike past federal appeals courts that took up the same-sex marriage issue, the 6th Circuit may allow to stand state laws banning such marriage, legal observer Carl Tobias told Kentucky Public Radio before the arguments.
If appeals court affirmed the state laws, these cases would have a greater chance of being argued before the Supreme Court, said Tobias, a law professor at the University of Richmond.
The appeals court will likely render an opinion within the next several months.