Michigan, Ohio, Kentucky and Tennessee are fighting for their bans against gay marriage in the U.S. Supreme Court.
While oral arguments won't start until April 28, the four states recently told the high court in filings that voting should decide the issue, not the courts.
The states also claim that the 14th Amendment in the U.S. Constitution does not apply to marriage in terms of "equal protection" and "due process," reports USA Today.
The Courier-Journal notes that Leigh Gross Latherow, a lawyer for Kentucky Gov. Steve Beshear, submitted an unusual brief to the U.S. Supreme Court on March 27.
According to Mediaite.com, the brief states in part:
"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."
The same argument was also used by conservative pundit Ann Coulter in 2013.
Coulter appeared on Fox Business Network's "Stossel," where she was asked by host John Stossel, "Why can’t gays get married like straights do?"
"Well, they can. They have to marry a member of the opposite sex," Coulter replied, noted The Huffington Post.