Historic Decision By the 6th Circuit Court of Appeals Hands Natural Marriage Supporters a Huge Victory!

On Thursday, in a 2-1 decision, a judicial panel on the U.S. Court of Appeals for the 6th Circuit reversed district court rulings that had struck down homosexual “marriage” bans in Michigan, Ohio, Kentucky and Tennessee.

Because this very important decision for supporters of natural marriage runs counter to decisions by four other appeals courts, the United States Supreme Court will undoubtedly decide in January to finally make a decision as to whether the states have the constitutional right to make laws on traditional marriage and banning homosexual “marriages.”  If the high court does take up the issue, it is expected to be the very last decision issued by the Supreme Court next June.

The judges in the majority  --  both appointed by President George W. Bush  --  were Circuit Court Judge Jeffrey Sutton and Circuit Court Judge Deborah Cook.  In the 42-page decision, Judge Sutton, writing for the majority, argued that all of the circuit court judges overturning the state constitutional bans on homosexual “marriages” should not have overturned such amendments because of the Supreme Court’s ruling in 1972 which “upheld the right of the people of a state to define marriage as they see it.”

Judge Sutton 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."

He wrote that states "got into the business of defining marriage, and remain in the business of defining marriage, not to regulate love but to regulate sex, most especially the intended and unintended effects of male-female intercourse."

Judge Sutton wrote regarding the previous outlaw circuit courts, "Four courts of appeals thus far have recognized a constitutional right to same-sex marriage. They agree on one thing: the result. But they reach that outcome in many ways, often more than one way in the same decision.”   

He obliquely criticized the cowardice of the Supreme Court for not deciding the states’ rights issue earlier this year.  Judge Sutton wrote, "A decision not to decide is a decision not to decide.”  He added, "Not one of the plaintiffs' theories ... makes the case for constitutionalizing the definition of marriage and for removing the issue from the place it has been since the founding: in the hands of state voters.

This commonsense and constitutional decision should be a wake-up call to the 20 some renegade federal judges who have unconstitutionally overturned many of the over-30 state constitutional amendments  --  approved by a very large majority of voters  --   to ban homosexual “marriages.”  And most especially a wake-up call to the justices on the United States Supreme Court.

The United States Supreme Court needs to look to the United States Constitution and allow the citizens of the 50 states to make decisions regarding the foundation of American society, natural marriage between one man and one woman.