Judge refuses to legislate from the bench, uphold right of the people to make marriage laws

By refusing to legislate from the bench, the U.S. Court of Appeals for the Sixth Circuit has permitted the will of the people in Ohio, Michigan, Tennessee, and Kentucky to carry the day. Those states have laws which protect marriage, but those laws have been struck down by lower courts. Now the Appeals Court has upheld the laws, setting the case up for Supreme Court review.

LOS ANGELES, CA (Catholic Online) - In a 2-1 ruling, the U.S. Court of Appeals for the Sixth Circuit has upheld laws in several states that defend marriage, leaving the issue for the people of those states to decide.

In the past several years, a series of activist decisions have reversed marriage-protection laws, declaring them "unconstitutional" despite the fact that the Constitution does not explicitly cover marriage, but does talk about the right of the people to establish laws.

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The homosexual equivalency movement has managed to find sympathetic judges across the nation, however in the Sixth Circuit they found judges that refused to legislate from the bench and who had the integrity to permit the people to decide for themselves, as they should under the Constitution.

Judge Jeffery Sutton said that it was not the purpose of the judicial branch to implement "such a fundamental change to such a fundamental institution. Process and structure matter greatly in American 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 for the thirty-two million citizens."

Simply put, there is a Constitutional right to marriage, but not homosexual marriage. And with marriage being such a fundamental pillar of American society, it should be the people and legislatures, not judges, who decide if such a change is morally acceptable and right for America.

With the latest ruling, the U.S. Supreme Court will almost certainly have to resolve the issue, forcing a final showdown between the homosexual equivalency movement and the silent majority of Americans who prefer that marriage be left alone as it was established by God.

The American Civil Liberties Union has already said it would appeal the Sixth Circuit ruling to the Supreme Court. The case is considered to be important so it is almost certain they will review it. The Supreme Court is largely conservative, so it is hoped they will err on the side of the Constitution and permit the people of each state to choose the laws that are right for them, as opposed to legislating the morality of a vocal, militant minority from the bench.

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