GOOD NEWS! Ryan T. Anderson writes about it in The Daily Signal. (H/T WGB)
Earlier today, the U.S. Court of Appeals for the 6th Circuit overruled lower court decisions that had struck down state laws defining marriage as the union of a man and a woman.
The 6th Circuit Court ruled that constitutional amendments passed by popular vote in Michigan (2.7 million votes), Kentucky (1.2 million), Ohio (3.3 million) and Tennessee (1.4 million) do not violate the U.S. Constitution. Citizens remain free to define marriage as a male-female institution.
Today’s decision helpfully explained why these laws are constitutional, why it is reasonable for citizens to support such laws, and why arguments for court-imposed redefinition of marriage do not succeed. It also sets the stage for marriage to return to the U.S. Supreme Court.
This is a beautiful decision. It does NOT tell the people in the states what marriage is or is not. It simply says that the people in the states have to decide – NOT a handful of judges.
As the 6th Circuit decision helpfully notes, at issue in these cases is “whether to allow the democratic processes begun in the States to continue in the four States of the Sixth Circuit or to end them now by requiring all States in the Circuit” to redefine marriage. The court ruled that the democratic process should continue:
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 32 million citizens who live within the four states of the Sixth Circuit.
[...]A dose of humility makes us hesitant to condemn as unconstitutionally irrational a view of marriage shared not long ago by every society in the world, shared by most, if not all, of our ancestors, and shared still today by a significant number of the states.
Look what Ryan writes at the end:
Today’s decision pointed out that in our system of government, a change to marriage, if it should come, should occur “through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.”
Indeed, “When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers.”
[...]Ultimately, the 6th Circuit ruled that it would not usurp the authority of the American people to discuss, debate and make marriage policy. The ruling argued that change could come in one of two ways: through a judicial usurpation of politics or through the political process. And the court rightly refused to take the former course. It would leave to the people the question of whether to take the latter.
The court argued that it “is dangerous and demeaning to the citizenry to assume that we, and only we, can fairly understand the arguments for and against gay marriage.” No, judges alone should not have this discussion—all Americans should.
We are so often bombarded with the arrogance of judges imposing laws on us from the bench, that it is amazing when we actually hear a judge doing what judges are supposed to do – interpret the laws passed by the representatives of the people. When you hear Republicans like George W. Bush talk about “strict constructionist” judges, these are the judges he means – interpreters of the law. When you hear the Democrats like Barack Obama talk about “the Constitution is a living document”, they mean that judges make the law – not the people. We need to elect a President who believes that judges are not superior to the people’s representatives.
I recommend printing out and reading the entire article. It’s very good. It assesses the reasons for a state to define marriage, explains the concept of federalism, and assesses common objections to natural marriage. It’s good for us to know how these arguments are used so we can talk about it.
You can also read the press release from Liberty Counsel, the law firm that argued the case for marriage.
UPDATE: More on the decision from Ed Whelan of National Review.