Thursday, November 6, 2014

Appeals Court Reinstates Gay Marriage Bans For The First Time

A divided panel of the Sixth Circuit Court of Appeals overturned trial level decisions declaring unconstitutional  the gay marriage bans of Michigan, Ohio, Kentucky, and Tennessee. Employing a constitutional literalism, the court creates a conflict with the three Circuits that have held that same sex couples ahve a right to marry.  This will compel the Supreme Court to take the case to resolve the split.  Fortunately for opponents of same sex marriage they will not go to the high court riding a winner, not a loser. - gwc

Appeals Court Reinstates Gay Marriage Bans For The First Time

"[T]he right to marry in general, and the right to gay marriage in particular, nowhere appear in the Constitution. That route for recognizing a fundamental right to same-sex marriage does not exist," Circuit Judge Jeffrey Sutton wrote for the court.

Click through for an embedded copy of the decision in DeBoer v. Snyder



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