Utah Governor, Gary Herbert has responded to a law suit challenging the state’s ban on same-sex marriage claiming that the current legal situation does not discriminate against same-sex couples.

The law suit has been filed by six people seeking to overturn the Constitutional ban on same-sex marriage in the state.

Gov Herbert and the states Attorney General John Swallow have responded by releasing a statement declaring that “Utah law and its Constitution define marriage as a legal union between a man and a woman and does not recognize same-sex marriages, among other types of marriages.”

The statement goes onto say “that unmarried couples of any kind are – heterosexual, homosexual, polygamous etc are not granted the rights afforded to married couples.”

They concluded by saying that “Utah law prevents neither homosexuals or lesbians from marrying, Homosexuals and lesbians may marry in Utah, but they face the same restrictions as heterosexuals do – they may not marry someone of the same sex.”

In 2004 voters in Utah voted in a referendum to define marriage as a legal union between one man and one woman.

Gov Herbert has drawn criticism for his position on equal rights before when back in 2009 he said that he did not believe in making sexual orientation a legally protected class.