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Showing posts with the label Jeffrey Sutton

In Defense of Marriage and the Rule of Law — The Importance of Making the Right Argument

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Seal of the United States Court of Appeals for the Sixth Circuit. (Photo credit: Wikipedia ) Some arguments just have to be made, and made well. In the case of the United States Court of Appeals for the Sixth Circuit , the moment for such an argument arrived last week when that court had to rule on appeals over the question of same-sex marriage coming from the four states in its federal jurisdiction, Michigan , Ohio, Kentucky, and Tennessee. In each case, Federal District Courts had struck down measures banning same-sex marriage. Now, the question loomed before the three judge panel of the Sixth Circuit. Until last week, no federal appeals court had ruled against same-sex marriage in the aftermath of the U. S. Supreme Court ’s 2013 Windsordecision striking down the federal government’s Defense of Marriage Act [DOMA]. That changed when the panel of the Sixth Circuit, in a 2-1 decision, affirmed the measure limiting marriage to one man and one woman in the four covered states. The ...

Ohio gay activists halt same-sex ‘marriage’ vote: polls show Ohioans oppose

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As judges country-wide are invalidating state marriage protection amendments, a new poll out of Ohio shows that not everyone is thrilled with the march toward a wholesale redefinition of marriage – in fact, the majority of Ohioans oppose making same-sex “marriage” legal. Homosexual activists are currently gathering signatures for a petition to repeal the state’s marriage protection amendment , which was passed by 62 percent of voters in 2004 and constitutionally defines marriage as a union between one man and one woman.  But although the petition has already garnered more than 650,000 votes – far more than the 385,000 needed to appear on the ballot this year – sponsors of the effort have opted not to move forward with the initiative process because they’re worried they don’t have the votes. According to a recent Columbus Dispatch poll, 46 percent of Ohioans oppose the proposed repeal of the state’s marriage protection amendment, compared to just 43 percent who support ...

In defense of marriage and the rule of law—the importance of making the right argument

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Jeffrey S. Sutton, Circuit Judge (Photo credit: Wikipedia ) Some arguments just have to be made, and made well. In the case of the United States Court of Appeals for the Sixth Circuit , the moment for such an argument arrived last week when that court had to rule on appeals over the question of same-sex marriage coming from the four states in its federal jurisdiction, Michigan , Ohio, Kentucky, and Tennessee. In each case, Federal District Courts had struck down measures banning same-sex marriage. Now, the question loomed before the three judge panel of the Sixth Circuit. Until last week, no federal appeals court had ruled against same-sex marriage in the aftermath of the U. S. Supreme Court ’s 2013  Windsor  decision striking down the federal government’s Defense of Marriage Act [DOMA]. That changed when the panel of the Sixth Circuit, in a 2-1 decision, affirmed the measure limiting marriage to one man and one woman in the four covered states. The decision sent sho...

6th Circuit judge asks gay activists: why use the courts to redefine marriage?

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Same Sex Marriage (Photo credit: Wikipedia ) What the  New York Times  correctly calls “the steady march of judicial approval for same-sex marriage over the past year” hit a speed bump, if not a road block, this week as the United States Court of Appeals for the Sixth Circuit heard arguments in six same-sex marriages cases appealed by four states. Judges have been marching in lock-step to overturn democratic laws which define marriage as the union of a man and a woman. More than more than two dozen lower courts and two appeals courts have ruled that gay couples have a right to marry. Some states have fought back, including Kentucky, Michigan , Ohio and Tennessee, whose cases came before three judges of Sixth Circuit this week. “Who gets to decide what the definition of marriage is?” asked Aaron D. Lindstrom, solicitor general of Michigan. And for once, it seems, a judge thought it was a good question.  The Times  reports: Judge Jeffrey S. Su...