This argument is nothing if not novel:
Kentucky Gov. Steve Beshear says the state's ban on gay marriage should be upheld in part because it is not discriminatory in that both gay and straight people are barred from marrying people of the same gender.
In an argument labeled absurd by gay marriage advocates, Beshear's lawyer says in a brief filed last week at the U.S. Supreme Court that "men and women, whether heterosexual or homosexual, cannot marry persons of the same sex" under Kentucky law, making the law non-discriminatory.
Oh, wait–it’s not even novel. The racists tried it to:
The argument mirrors that offered by the state of Virginia nearly 50 years ago when it defended laws barring interracial marriage there and in 15 other states, including Kentucky, by saying they weren't discriminatory because whites were barred from marrying blacks just as blacks were barred from marrying whites.
And that is what it comes down to with these laws. For all the somber pronouncements about "religious liberty," the real issue is that the groups pushing this stuff don't like gay people, and they want to be able to keep denying gay people equal protection under the law. What's more, they don't want to be called out on it.