A panel of the 6th Circuit Court of Appeals upheld the traditional definition of marriage today in cases involving Michigan, Ohio, Tennessee, and Kentucky. This is the first time in the recent round of cases that a circuit of the U.S. Court of Appeals has ruled in favor of laws limiting marriage to one man and one woman. This also creates a point of tension for the Supreme Court since they decided last month not to take up other cases related to the definition of marriage.
Robert Barnes reports the following in The Washington Post:
A panel of the U.S. Court of Appeals for the 6th Circuit upheld same-sex marriage bans in four states Thursday afternoon, creating a split among the nation’s appeals courts that almost surely means the Supreme Court must take up the issue of whether gay couples have a constitutional right to marry.
The panel ruled 2 to 1 that while gay marriage is almost inevitable, in the words of U.S. Circuit Judge Jeffrey Sutton, it should be settled through the democratic process and not the judiciary. The decision overturned rulings in Michigan, Ohio, Tennessee and Kentucky, and makes the 6th Circuit the first appeals court to uphold state bans since the Supreme Court in 2013 struck down part of the federal Defense of Marriage Act.
In the conclusion of the majority opinion, U.S. Circuit Judge Jeffrey Sutton chastises the courts that have overturned marriage laws in other states. He writes:
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.
Now there is a split in the U.S. Circuit Courts. Now we have to wait and see if the Supreme Court will take up the cases.