The three judges of the U.S. 6th Circuit Court of Appeals in Cincinnati are hearing a case today deciding whether or not the same-sex marriage bans of Michigan, Ohio, Kentucky, and Tennessee are constitutional.
Judges Jeffrey Sutton and Deborah Cook are Republican appointees, while Judge Martha Craig Daughtrey is a Democratic judge. Thus far, there have been divisions among the judges in regards to where they stand.
According to Reuters, Cook questioned whether a court decision in favor of same-sex marriages would undervalue the voters’ rights and decision. Sutton also has been expressing doubts on whether a federal court or even Supreme Court decision “would be as valuable to the gay rights movement as successful efforts to repeal gay marriage bans state-by-state by legislation or statewide ballot.”
Aaron Lindstrom, Michigan’s Solicitor General, was quoted by CNN, explaining that the state voters’ interests in preserving the traditional definition of marriage. “It’s rational for the state to have an interest in promoting marriage,” he said, “so it will be more likely a child will have both a mother and father, and will have the benefits of having both a mother and a father.”
Daughtrey, in response, argued, “But what is the rational basis of excluding everybody else? It doesn’t interfere with the procreation of children just because you’ve got two people of the same sex marrying in and in some of those marriages, one of the partners is able to procreate.”
Sutton also expressed that marriage is difficult to define with the changing “social mores.”
“Maybe, originally, marriage was about encouraging procreation … but modern conceptions of marriage are more about love, affection, and commitment,” CNN quoted him stating. “And when you think about it that way, it does seem a little harder to justify, even on rational basis grounds.”
An earlier report from CNN said that the Republican Party seemed to be shifting in its beliefs about same-sex marriage, leaning more towards support for giving them equal marriage rights.
“As a matter of my Christian faith, I believe in traditional marriage. But as a matter of constitutional principle, I believe in a form of limited government that protects personal liberty,” the Washington Post quoted Republican Representative David Jolly saying. “To me, that means that the sanctity of one’s marriage should be defined by their faith and by their church, not by their state. Accordingly, I believe it is fully appropriate for a state to recognize both traditional marriage as well as same-sex marriage,” he added.
A report from Detroit Free Press stated that there are currently more than 75 lawsuits challenging gay marriage bans, and that 29 cases have been decided in favor of same-sex marriage since December.
