After lunch, boom, the news hit. The 6th Circuit Court of Appeals ruled that the gay marriage bans in their jurisdiction can stand. This is quite the departure, and provides a Circuit split, as every other Circuit Court that has ruled on the subject has ruled against such bans. In a week of bad political news (from my perspective), this was just the rancid icing on the moldy cake. I suppose it shouldn't bother me so badly, since we're on the edge of 34 states having marriage equality. Even my current state has me in the legal column.
But I think we have a much better than even chance. Let's start with the 6th's decision. While I'm no lawyer or judge, I don't think this decision would pass in high school debate class. There's very little in the way of legal reasoning at all. It's mostly appeals to tradition, and--very oddly--an effort to duck responsibility. The court is actually saying it's not their place to decide. Not their place to decide a constitutional issue! It's absurd.
Actually, the entire battle from the anti-gay side has been absurd. I've been arguing this subject for years online and elsewhere, and there is literally nothing new to their arguments. The things that this court did latch onto have been argued down and defeated in dozens of previous decisions. These retread arguments would only sway judges who were groping for reasoning. And rather than answer the questions before them: a) can a state constitutionally ban gay people from getting married and b) can a state refuse to recognize a legal marriage from another state, were largely responded to with a, "What? Who? Us? You're asking us? It's not up to us." Crazy man. Crazy.
Supreme Court Gay Marriage Showdown Looms After Appeals Court Upholds Bans
The march toward gay marriage across the U.S. hit a roadblock Thursday when a federal appeals court upheld laws against the practice in four states, creating a split in the legal system that increases the chances the Supreme Court will step in to decide the issue once and for all. The cases decided were from Ohio, Michigan, Kentucky and Tennessee. . .
Read more at: Huffington Post