Eagle Forum Legislative Alerts

Thursday, January 15, 2015

Victory for Traditional Marriage

The U.S. Supreme Court may have thought it could duck the demand by liberals for a constitutional right to same-sex marriage. In October, the Supreme Court denied certiorari on a petition to overrule decisions declaring that same-sex marriage is in the Constitution. Barely a month later, the U.S. Court of Appeals for the Sixth Circuit halted the momentum for same-sex marriage. Judge Jeffrey Sutton, a Republican appointee to the bench, wrote the 2-1 panel decision in DeBoer v. Snyder rejecting the use of judicial supremacy to impose same-sex marriage.

The judge wrote: “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.”

It was fortunate that Judge Sutton was assigned at random to be on this three-judge panel. There are 15 active judges on that Circuit. Obama has already handpicked and placed two judges on that Court, and an Obama-majority panel would almost certainly have resulted in another supremacist decision imposing same-sex marriage. But led by Judge Sutton, the panel discredited the notion that each state must accept any and all marriages performed in other states that have a different view of what marriage should be.

For now, a conservative interpretation of the Constitution has prevailed in the Sixth Circuit. This establishes a “Circuit split” — a disagreement among different U.S. Courts of Appeals — which essentially guarantees that the U.S. Supreme Court will grant cert. and take this case. The ACLU of course is asking the Supreme Court to reverse the decision before its current term ends in June, and we all should pray that the Court makes the right decision.

Listen to the radio commentary here:

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