Mike Wynn

The (Louisville, Ky.) Courier-Journal

FRANKFORT, Ky. – Kentucky Gov. Steve Beshear defended the notion that same-sex marriage threatens the state's birthrate and economic development Wednesday, a day after a federal judge ridiculed his argument against gay marriage.

Senior U.S. District Court Judge John G. Heyburn II struck down Kentucky's ban on gay marriage Tuesday and wrote that, in his opinion, Beshear's lawyers' arguments were "not those of serious people." He said that Beshear's private lawyers never explained how same-sex marriage would affect procreation among heterosexual partners.

But Beshear, a Democrat and an attorney, said at an unrelated press conference Wednesday that the same claim has emerged in similar cases across the country, and that he's never fought a case where the other side likes his argument.

"The job of the lawyers on both sides is to get every argument out in front of the court so they can make a reasonable decision," Beshear said.

Beshear declined to clarify his personal beliefs on same-sex marriage at the press conference, saying he didn't want his opinions to interfere with the case.

"My sole purpose for filing this appeal is that every Kentuckian deserves to get an answer on this very difficult and controversial issue," he said. "Whatever the law of the land is, Kentucky is going to abide by it."

Beshear hired private attorneys, who were paid $125 an hour, to represent the state after Attorney General Jack Conway, who is also a Democrat, refused to defend Kentucky's constitutional ban on gay marriage.

Martin Cothran, an analyst for the Family Foundation, which spearheaded the 2004 movement to ban gay marriage, said Beshear's legal team did a "decent job," and that Heyburn dismissed the arguments "out of hand" and never dealt with their content.

But he said Beshear's comments Wednesday are hardly a stirring call to action.

"The governor is clearly trying to have it both ways, and I think it is disingenuous for him to argue in favor of traditional marriage and then deny he is doing it," Cothran said.

Chris Hartman, director of the Fairness Campaign, said he understands the need to have full and final resolution, but criticized Beshear for allowing his lawyers to advance "ridiculous and offensive" arguments in defense of the ban.

"The governor didn't have to let this besmirch an otherwise golden legacy of LGBT civil rights support — but he has," Hartman said.

The case was filed by two same-sex couples who were denied marriage licenses in Kentucky and contend that the law prevents gay couples from receiving the benefits available to heterosexual couples.

Heyburn found in his ruling that gays are a "disadvantaged class," and that the ban violates constitutional guarantees of equal treatment under the law.

Cothran and other critics contend that Heyburn's opinion amounts to judicial overreach and note that a majority of Kentuckians voted in support of the constitutional amendment on gay marriage 10 years ago.

When asked about his critics on Wednesday, Beshear said emotions run high on both sides of the issue.

"As governor, I feel like I have a responsibility to every Kentuckian to get a final answer," he said.

The case now heads to 6th U.S. Circuit Court of Appeals, where judges will hear arguments in gay marriage cases from Kentucky, Ohio, Michigan and Tennessee in a single session.

But Hartman said the appeal seems unnecessary since the other cases were already going to produce a resolution in the matter.

"There's no real justification on getting the highest court's 'decision' if the highest court is already going to make that decision," he said.