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-6th Circuit: The People Have a Right to Decide the Marriage Question

by Dr. D ~ November 6th, 2014


The 6th Circuit Court of Appeals ruled Thursday in favor of four states which define marriage as between one man and one woman. The majority in this case believe that the people should have a right to decide this important social question rather than a bunch of lawyers and judges. Here’s the story from the SCOTUS blog:

Breaking ranks with a wide array of other federal courts, and coming close to setting up almost certain review by the Supreme Court, a divided federal appeals court in Cincinnati on Thursday upheld bans on same-sex marriage in four states.  Dividing two to one, the U.S. Court of Appeals for the Sixth Circuit overturned lower-court rulings in cases from Kentucky, Michigan, Ohio, and Tennessee.  …

The decision was based largely on the two-judge majority’s view that the question whether to move the nation toward same-sex marriage in every state is for the people or the states, and not for judges applying the national Constitution.

Circuit Judge Jeffrey S. Sutton, the author of the main opinion, wrote:  “When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers.  Better, in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”

<Read the whole article>

Response: This is a great decision. It should force SCOTUS to finally make a definitive ruling on marriage since the 6th Circuit resolution differs from the decisions of three other circuit courts.

If you read nearly all of the media accounts of this decision they claim that the ruling is against gay marriage. Actually the ruling merely supports and recognizes the democratic process involved in passing the laws in four states supporting traditional marriage.

This court and ruling is in agreement with my own long time contention that the definition or re-definition of marriage should be decided by the people and their duly elected representatives and not by activist judges or by judicial fiat.            *Top

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