In a stunning change of events the Sixth Circuit Court of Appeals struck down a lower court’s ruling in four states this Wednesday and approved state bans on same-sex marriage.
The issue of same-sex marriage has long dominated the political sphere and has served as a contentious divider between the Democratic and Republican parties over the past decade. Many politicians, including our current President, ran on platforms that stressed acceptance of same-sex couples and many states have followed suit, currently with 32 states that formally recognize gay marriages. Reflecting what seems to be a general trend towards greater equality, courts in Ohio, Michigan, Tennessee, and Kentucky struck down same-sex marriage bans.
With this in mind, many expected DeBoer v. Snyder to be another resounding victory for same-sex supporters. However, Judge Jeffrey Sutton and Deborah Cook sided with the opposition. In the formal court opinion written by Sutton he wrote, “Process and structure matter greatly in American government … they may be the most reliable, liberty-assuring guarantees of our system of government.”
“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 ironic in a way because this idea that the judiciary branch should not weigh in so heavily on societal matters was eerily similar to that of the Supreme Court earlier this year, which decided to side-step the issue and leave it to the individual states. That same ideology was present here, though this time against the plaintiffs.
Judge Martha Daughtrey was the dissenting vote in the 2 – 1 decision and she was quoted saying that her colleagues were not “recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry.”
With this new ruling it is all but certain that the Supreme Court will have to take up the issue once more. The American Civil Liberties Union, which played a large role in the case said it was already preparing to appeal the high court’s decision. Even with the Supreme Court’s recent refusal to take up any more same-sex marriage cases for the 2014 year, this brewing storm is almost certain to capture its attention, especially since it is the first ruling post-US v. Windsor by a federal appeals court to uphold a state’s marriage ban.
With this Supreme Court case potentially on the horizon, America may finally receive a clear answer to the question of same-sex marriages by early May or June. How will the Court decide? That is still uncertain, but one thing is for certain – surprises may always occur.
Brian Chekal is the editor-in-chief of Pulse Magazine.
