Sixth Circuit Upholds Marriage

In the latest developments in the national conversation about marriage, the Sixth Circuit Court of Appeals ruled today that laws in Michigan, Ohio, Tennessee, and Kentucky that define marriage as a relationship between a man and woman are constitutional.

The Court said it would be inappropriate of them to make a final determination on the issue of marriage:

“Of all the ways to resolve this question, one option is not available: a poll of the three judges on this panel, or for the 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 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: Kentucky, Michigan, Ohio, and Tennessee.”

Finally, they concluded that the legislative arena as the better place to resolve political debates over social issues:

“In just eleven years, nineteen States and a conspicuous District, account for nearly forty-five percent of the population, have exercised their sovereign powers to expand a definition of marriage that until recently was universally followed going back to the earliest days of human history. That is a difficult timeline to criticize as unworthy of further debate and voting. 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 fellow citizens seeking to resolve a new social issue in a fair-minded way.

For this reason, we reverse.”

This decision comes only four weeks after the Supreme Court refused to hear an appeal of other decisions ruling that marriage is unconstitutional.

The Supreme Court is far more likely to hear a case when there is disagreement among the circuit courts. Marriage now meets that criteria.

Will the Supreme Court take this case up now?  Only time will tell.

8 replies
  1. RS
    RS says:

    In response to Greg: The Bible does not teach that “there are a variety of forms of marriage including polygamy and concubinage.” The fact that some people practiced polygamy or had concubines does not make that a proper marriage according to God’s intention. Just like divorce was not in God’s plan. Certainly there is no way you can look at the clear record of the Bible in context and say it shows that 2 of the same sex could ever be in a marriage; the first mention of same-sex relationships in the Bible was at Sodom, and you never find a positive example of this anywhere in His Word. If you really want to know what the Bible says about marriage, listen to the words of Jesus, “In the beginning, it was not so.” When people asked Him about marriage and divorce, he directed them to the beginning in Genesis, “A man shall leave his father and mother and be joined to his wife, and the two shall be one flesh.” Let’s go back to the beginning.: His original plan can be seen in the original marriage: one man and one woman, joined by God. This is the truth! This is the pure picture of Christ and the Church which will be the eternal marriage we are looking forward to. From Genesis to Revelation, His plan has never changed. No matter what any human court ever says, this truth will remain.

    Reply
  2. Pete in Seattle
    Pete in Seattle says:

    Unlike many of you, I am not a religious person at all but I firmly believe that same-sex marriage is wrong on many levels, but foremost because it makes a mockery of the institution of marriage and the importance of the family unit in our society. Today, due to liberal ideology of hatred toward all of our cultural institutions, we find our children no longer are being educated in our public schools but instead are being indoctrinated into the ethos that is modern-day liberalism. Therefore, we see young men shooting their classmates and friends because they were never taught the value of human life. Instead, they are taught that human life is a threat to the environment or a young woman’s career goals. This week, we learned of a young woman who chose to commit suicide instead of fighting the cancer that was slowly killing her. She was praised as a hero for giving up and choosing to end her own life instead of fighting to save it. It is my belief that we must take all of the above and see it as an orchestrated effort by activists on the left to make human life insignificant and not worth much. We are in the midst of a cultural war and, I am afraid, we’re losing.

    Reply
  3. Jordan
    Jordan says:

    Good to see there are some judges out there that still practice a little prudence when making decisions.
    Hopefully we see more of this kind of wisdom and less of the activism that’s been going on lately.

    Reply
  4. Tionico
    Tionico says:

    Finally a federal level court that understands the limits caonstituionally placed upon what matters it can address. They rightly conclude this is a social issue to be decided locally, and that the court has no final jurisdiction, or even the right to hear such a case. Nor do the SCOTUS. Read in your Constitution the list of the sorts of cases the Federal courts can take up. Marriage is not amongst them.

    Reply
  5. Dan Harder
    Dan Harder says:

    Finally a court with the courage to stand up to political correctness! So glad to see the court uhphold the sovregnty of the people to determine what kind of marriage, if any, should be endorsed by the state – including if they so choose, the one and only form of marriage endorsed by scripture as legitimate. Look forward to the SCOTUS taking the case.

    Reply
  6. daniwitz13
    daniwitz13 says:

    Govt. does not realize the conundrum it creates for our Society by recognizing Homosexuality and giving them a ‘status’ of a protected specie. So, just a simple question? Can Govt. point them out for you? NO. Then, how are you to deal with someone that you and Govt. CANNOT recognize? How do one deal with the UNKNOWN? The ONLY way to know one, is for that Person, to come “out” of his closet and “tell” you, otherwise, you don’t. Then it seems, if they don’t come “out” they are not Gay then? If one was to lie, fake or pretend, would ANYONE know? NO. Everyone has to take their “word” for it, even our Court system (?) How also do Govt. give Rights and Benefits to the Unknown? Would you not say, that it borders on fraud, to give tax payer’s money, to the Unknown? How Unknown? Even their Parents don’t know that their Child is Gay. Even their twin does not know. Their relatives, friends, workers, teammates, and even Intimate friends don’t know. They can ‘hide’ it from their bosses, co-workers and everyone, because it is TOTALLY UNKNOWN. Because it is Unknown, how can one have “due “process” from them. You don’t. If they sue you because they are Homosexual, they win, that’s it, no “due Process” is required, it seems. Courts don’t seem to ask for Proof, of any kind. Even Immigrants have to show proof, not Homosexuals, they get a ‘free pass’ from the Courts and our Govt. There must be a reason but no one knows, what or why. Homosexuality is ONLY an Orientation. One of Hundreds. No different from a Person that Loves an Animal or Bird. And lives with them as a companion. Can you pick them out in a crowd? NO. Orientations are in one’s mind only. In feelings and emotions in a particular direction. It is an intangible abstract, not observable on the Person, except their mind. Thus all Orientations are an Unknown. Even Religion, is a form of an Orientation, a belief in a Deity, Creator. Can you pick one out in a crowd? NO. Govt. does not respect Religion, why then, does it respect an Orientation? Is that Equality? A form of discrimination? Where is the equal protection of the Law? Religion, at least, are in two of our Major Documents, none for Homosexuality or Orientations. Is Homosexuality greater than Religion? Lately, it seems that it is. Our US Attorney General Holder, can’t stop raising it higher and higher, all the way up to the Makers of Mankind. (you do know that they make Zero of Mankind, I hope) He seems to have a Love Affair with Same Sexes, Marriage and otherwise.

    Reply
  7. Cheryl baker
    Cheryl baker says:

    I believe there still is a victory in the midst of this. Our prayer team has been praying for over 30 days , not just for the election, but for he “fear of God” to come back to the judicial system that was established with our nation. The fact that they punted was better than striking down the votes of millions that had elected not to have smae sex marriage in their State.

    Now we are going to pray for BOLDNESS of the judges that have been elected to speak out and say that marriage IS defined as the God given relationship between a MAN AND WOMAN. I am yet encoouraged that our prayers are being answered. We still can’t give up and give out and keep promoting those who believe GOd. This is just the beginnning of the work. Roll up your sleeves, members of GOD’s army. ” We have not yet begun to truly fight.”

    Reply
  8. Greg Logan
    Greg Logan says:

    Your title “Sixth Circuit Upholds Marriage” is obviously incorrect. I cannot imagine you are not aware that it was incorrect – yet you chose to disseminate false data.

    Based on the data provided – which is very clear – the Sixth Circuit actually punted back to the legislative process rather than accepting their authority to determine the question of law before them. I would rather call them cowards.

    Not only did they fail to fulfill their authorized responsibility, they mangled their history. The reality, as God’s Word clearly teaches, is that there are a variety of forms of marriage including polygamy and concubinage. These are a part of our Kingdom heritage despite your humanist culture despises the clear Word of God.

    Satan is the father of lies.

    Reply

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