Marriage Upheld by Federal Court

Today the marriage laws of Kentucky, Michigan, Ohio, and Tennessee were upheld by the Sixth Circuit federal court three-judge panel.  You can read the opinion which is available here

The 2-1 ruling from the U.S. Court of Appeals for the 6th Circuit reversed district court rulings that had struck down gay marriage bans in Michigan, Ohio, Kentucky and Tennessee.  This opinion now creates a split among the nation's federal circuit courts that virtually guarantees Supreme Court review.  As USA Today reports, "More important, it gives Supreme Court justices an appellate ruling that runs counter to four others from the 4th, 7th, 9th and 10th circuits. Those rulings struck down same-sex marriage bans in Virginia, Indiana, Wisconsin, Oklahoma, Utah, Idaho and Nevada, leading to similar action in neighboring states."  Read the entire USA Today article here.

Today's ruling is extremely significant as the court clearly recognized the world history of marriage and the voice of the people in the process of marriage definition.  Refusing to allow millenia of marriage law to be swept aside by a three judge panel, the court seemed to insist the democratic process has merit in this matter of marriage.  These jurists took seriously the fundamental change that redefining marriage would have on the nation and the world.  They should be commended for their judicial restraint and jurisprudential wisdom.

To find out how important good jurisprudence and constitutional principles are to the issue of marriage download and read about marriage and state strength at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2427462, and how the Supreme Court in just one opinion last summer put political pressure on judges in state and federal courts around the country at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2462093. 

Redefining marriage has its consequences, a major one of which is the decline of marriage in America. If you're interested to know how much your state spent on families that were never formed by marriage, but rather by unmarried child bearing read the 50 State Survey on the Cost of Family Fragmentation at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2205349.

Today one federal court was not pressured politically, but was swayed by wisdom of the ages - that marriage between one man and one woman brings societal stability and restores families.

1 comment:

  1. While this stand by the Sixth Circuit is both refreshing and commendable, it doesn't appear that the standing will hold up under review by the Supreme Court. The ability of states to fashion and promulgate their own laws regarding marital regulations will soon be non-existant, at least in regards to the definition of marriage. While it is paradoxical that we would allow our Supreme Court to decide one way or the other on such a social/family matter, when typically federal courts stay out of family matters, it is something that we as a nation have pushed for and allowed, so it shouldn't come as a shock when all states are mandated to both grant and acknowledge gay marriages.