Kentucky’s brief against marriage equality sounds like it was drafted by a four-year-old kid:
Kentucky’s marriage laws treat homosexuals and heterosexuals the same and are facially neutral. Men and women, whether heterosexual or homosexual, are free to marry persons of the opposite sex under Kentucky law, and men and women, whether heterosexual or homosexual, cannot marry persons of the same sex under Kentucky law.
Translation: banning gay marriage doesn’t violate equal protection because nobody, gay or straight, is allowed to marry someone of the same sex. Neener neener.
That’s pretty much the same argument made in Loving v Virginia – Since a black person is forbidden to marry a white person, and a white person is forbidden to marry a black person, the law is not discriminatory. The Supreme Court didn’t buy it then, and I hope it doesn’t buy it now.