A three-judge panel of the 6th U.S. Circuit Court of Appeals on Thursday stunningly affirmed the rights of voters in four states – Kentucky, Michigan, Ohio and Tennessee – to define marriage as the union of one man and one woman, throwing a boulder into the millpond of complacent assumptions by homosexual-rights advocates that same-sex marriage is a given across the United States.
The U.S. Supreme Court recently has refused to take on any same-sex marriage cases, allowing the movement to expand into about 30 states.
But Mat Staver, chairman of Liberty Counsel, which has fought on behalf of traditional marriage, said that now may change.
“With a divide in the appeals court rulings, the Supreme Court will likely take up the issue,” he said.
Previous rulings from the high court on the issue have found that the institution is necessarily defined as the union of one man and one woman. In 1942, it said marriage is “fundamental to the very existence and survival of the race.” In 1888 it ruled, “An institution in the maintenance of which in its purity the public is deeply interested, for it is the foundation of the family and of society, without which there would be neither civilization nor progress.”
Staver said marriage “is not merely a creation of any one civilization or its statutes, but is an institution older than the Constitution and, indeed, older than any laws of any nation.”
“Marriage is a natural bond that society or religion can only ‘solemnize,’” he said.
The 6th Circuit agreed in a 2-1 decision, concluding no federal judges should be making such a decision.
“Of all the ways to resolve this question, one option is not available: a poll of the three judges on this panel, or for that matter all federal judges, about whether gay marriage is a good idea. Our judicial commissions did not come with such a sweeping grant of authority, one that would allow just three of us – just two of us in truth – to make such a vital policy call for the thirty-two million citizens who live within the four states of the Sixth Circuit.”
The pro-homosexual Marriage Equality organization called the ruling “out of step with the decisions of 40 other courts.”
The organization said states as diverse as “Oklahoma, West Virginia, and Utah” recently have “embrace[d] marriage equality.”
“It is clear that the freedom to marry is a fundamental constitutional right that belongs to all Americans, not just some Americans,” said spokesman John Lewis.
But the organization did not note that a vast majority of the states that have “embraced” same-sex marriage have done so largely by judicial decree, after voters in many of those states specifically chose to define in their laws or even constitution marriage as one man and one woman.
Before federal judges stepped in, the wave of state affirmations of traditional marriage was virtually unstoppable, with victories in 31 of 31 elections.
Critics have argued that if the traditional definition is dropped, there would be no legitimate reason to continue bans on incest or polygamy.
That opinion was included in a legal decision in California, where judges created same-sex marriage.
Written by BOB UNRUH
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