One constitutional scholar calls it "absurd" and "desperate," while another says it is "irrational and preposterous."
That's how they and other critics are characterizing the legal defense Kentucky is offering in support of its ban on gay marriage — that the state has a valid interest in promoting traditionally marriage to maintain its birthrate and a vital economy. A Los Angeles Times editorial columnist wrote that that Kentucky "reached a new low in poorly thought-out reasons for keeping gay and lesbian couples from marrying."
Some lawyers in Kentucky say the brief filed May 7 at the U.S. 6th Circuit Court of Appeals is so illogical that they theorized that Gov. Steve Beshear, who previously was friendly to gay rights, may be trying to lose the case while appearing to defend the ban. Beshear hired private lawyers to represent the state after Attorney General Jack Conway declined to appeal a ruling that struck down the state ban.This might have been a valid argument during the bronze age when human existence was precarious and the survival of the species uncertain. Today our problem is overpopulation.