Gov. 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 that 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.