Appeals court upholds same-sex marriage bans in 4 states

Discussion in 'News / Current Events' started by Revmitchell, Nov 6, 2014.

  1. Revmitchell

    Revmitchell
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    A federal appeals court on Thursday upheld anti-gay marriage laws in four states, breaking ranks with other courts that have considered the issue and setting up the prospect of Supreme Court review.

    The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on Aug. 6 split 2-1, with Circuit Judge Jeffrey Sutton writing the majority opinion. The ruling creates a divide among federal appeals courts, increasing the likelihood the Supreme Court will now take up the issue.

    The 64-page ruling cites the need to allow "change through the customary political processes," rather than through court cases.

    The ruling concluded that states have the right to set rules for marriage.

    http://www.cbsnews.com/news/appeals-court-upholds-same-sex-marriage-bans-in-4-states/
     
  2. CatMommy

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    Praise God.
     
  3. annsni

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    This is awesome news and not one I was expecting.
     
  4. Jkdbuck76

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    Will this go back to the Supremes?
     
  5. CatMommy

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    I have no idea. It seems SCOTUS is hoping to wash their hands of this after their first decision.

    That there are something like 32 states that already allow gay marriage is an issue. Maybe the appeals court decision will save the balance of the rest due to the precedent this has set.

    I wonder what the odds are of the 32 repealing gay marriage?

    Could it even be done?
     
  6. go2church

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    The march back to the Supreme Court continues in spite of their reluctance
     
  7. carpro

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    They can wash their hands of it easily.

    Affirm the decision. It's a state matter. Always has been.
     
  8. Zenas

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    6th Circuit Allows Traditional Marriage to Stand in Ky., Tenn, Mich. & Ohio

    This is the first federal appellate court to stand up and say if the rules of marriage are to be changed, let the people do it using the democratic process. It's a ponderous opinion but a good read to provide insight into conservative jurisprudence.

    http://www.ca6.uscourts.gov/opinions.pdf/14a0275p-06.pdf
     
  9. CatMommy

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    The court ruled that states have the right to set rules for marriage. Something that many have always known. A marriage license is a privilege not a right.

    Praise God for these decisions. At least now we won't have 50 states turning more toward Sodom than God's plan for true marriage.
     
  10. Jkdbuck76

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    Short term. This will get kicked back to the Supremes, then THAT kind of "marriage" will be legal everywhere.
     
  11. CatMommy

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    I would hope if this does go back to SCOTUS that they are charged with having to prove the 6th Circuit was wrong in matters of law that they invoked to arrive at this decision.

    I'd think they'd then have a hard time ruling homosexual marriage has a right to overcome those matters of law that are certainly grandfathered in. Over and above this idea that immoral behavior has a civil right by law.

    Just as SCOTUS would have to renounce the law cited when a Tennessee judge upheld that states gay marriage ban.


     
  12. CatMommy

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    I think if SCOTUS agreed they'd have never heard the case that had them ending up repealing certain parts of DOMA.
     
  13. Zenas

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    That thinking is a little premature. The Supreme Court rarely grants a writ of certiorari just because it disagrees with the lower court. When they refused to hear the appeals from the various circuit courts that had struck down traditional marriage laws, there was complete unanimity among the circuits. Now that there is a split among the circuits, they will almost certainly hear the appeal from the 6th Circuit.

    There is a fairly strong consensus that Roberts, Scalia, Thomas and Alito will come down on the side of traditional marriage. There is an equally strong consensus that Ginsburg, Breyer, Sotomayor and Kagan will vote for same sex marriage. That leaves Kennedy to cast the deciding vote. He is a Reagan appointee but he is the least conservative of the Republicans on the bench.

    As an aside, have you noticed that the Supreme Court is made up of six Catholics and three Jews?
     
  14. Jkdbuck76

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    Have you seen the ghey crowd on Facebook? They are leaving mega-hateful comments all over. I guess they're too used to getting their way. I have never in my life seen such a h*m* thermonuclear meltdown.
     
  15. CatMommy

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    No, I wouldn't sully my eyes reading hate filled sodomite screeds.
    And yet they promote tolerance and are anti-bullying. ;)

    I'd hope these court rulings would give some kind of legal defense to business owners who refuse to support homosexual unions.
     
  16. carpro

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    Roberts cannot be trusted. He may come up with another totally convoluted decision to appease the left.
     
  17. CatMommy

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  18. Zenas

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    I don't think he will but I must admit there is some anxiety on my part after he upheld the Affordable Care Act.
     
  19. CatMommy

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    I was amazed he was the deciding vote on that. I think many people were.
    Supposedly he's said to have done this as a matter of law that would allow ACA to be repealed. But I haven't delved into how exactly that would work. All that matters now is that he decided it was able to be upheld because Congress has the power to levy taxes.

    Which is disconcerting in that he'd say that is why ACA was able to be implemented. Because of the tax factor involved.
    Basically sounds as if he's stating as a matter of law that Congress and any sitting president can force anything on the American people as long as there is tax attached.
     

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