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Gay marriage ban upheld in four states
(Blogmensgo, gay blog on 12 November 2014) The 6th Court of Appeals affirmed, November 6, 2014, the legality of a ban on gay marriage in Kentucky, Michigan, Ohio and Tennessee. The first sixteen months, but by only two votes against one.
The appeal court had been asked by the Ministry of Health (which gives marriage licenses) of Ohio, and by the Governors Steve Beshear of Kentucky, Richard Snyder of Michigan and Bill Haslam of Tennessee. All four were rejected at first instance in their attempt to pretend that banning gay marriage is unconstitutional.
The judges Deborah L. Cook and Jeffrey S. Sutton (appointed by George W. Bush), through opinion written by Sutton several dozen pages, reversed the trial judgements main reason is the democratic institution and not to the judiciary as it is for them to determine whether the marriage between persons of the same sex should be considered or not in accordance with law and the Constitution. Martha Craig Daughtrey (appointed by Bill Clinton) quipped the decision of his colleagues. She says federal judges are essential to protect the constitutional rights of the minority.
"When the courts will not let the people solve new societal issues like that, they perpetuate the idea that the heroes of these great changes are judges and lawyers. " Judge Jeffrey S. Sutton
This is the first time a federal appeals court rules against gay marriage for over a year. After the Supreme Court had partially invalidated the federal Marriage Act, no federal court had recognized as the legitimate arguments of the opponents of gay marriage.
Quadruple case is still subject to appeal before the 6 th Court of Appeals , but in plenary and not limited training. A direct appeal to the Supreme Court now seems more likely in the eyes of some observers.
For an analysis of the various legal options detailed scenarios, we read with profit the blog of the Federal Supreme Court.
This article has been translated from our French blog, to view the original, click here.
Philca & Matt / MensGo
(via all the American press on 6 and 7 November 2014, the Washington Post )