The 6th Circuit Appeal

The Gay Rights Movement has been slowly yet steadily gaining support for the past several years. Gay marriage has become legal in 35 states, and nation-wide legalization is projected for the near future. So far, most gay marriage cases have made their way through the legal system without much backlash as they have been expected to- states have passed them individually, with the District Courts finalizing most decisions.

The Judiciary Branch of the US Government works like this: every legal case first goes to the District Court. This is what the local courthouse is, and here every case reaches a verdict. If the party in question disagrees with the verdict, they can ask for an appeal. This is where the case goes to one of the thirteen Circuit Courts. Eleven of these Circuit Courts reside over the United States based on location and the other two are the District of Columbia and the Federal Circuit Court. A case must be reviewed and accepted to get to this level. If the Circuit Court reaches a verdict, and an appeal is again requested, the case moves on the the Supreme Court. Only the most complex, and often controversial cases get accepted for review by the Supreme Court. The verdict reached at this level is final.

To the surprise of the nation, the 6th Circuit, which is compiled of Michigan, Ohio, Kentucky, Tennessee, overturned the legalization of same-sex marriage. Entry to the Supreme Court was denied and this caused controversy. The conservatives rejoiced for their party's victory and the liberals wept for the huge step back. This case was the first time a court had ruled against sam-sex marriage at this judicial level.

Judge Jeffery Sutton is an obviously brilliant, well read, and intelligent man. Residing over the sixth circuit, he offered truly thought provoking arguments against gay marriage. They didn't relate to religion, they only sourced from a purely logical, and econonimalcally beneficial standpoint. He stated,"By creating a status (marriage) and by subsidizing it (e.g. with tax-filing privileges and deductions), the States created an incentive for two people who procreate together to stay together for purposes of raising offspring. This does not convict the States of irrationality, only of awareness of the biological reality that couples of the same sex do not have children in the same way couples of opposite sexes and that couples of the same sex do not run the risk of unintended offspring. This explanation, still relevant today, suffices to allow the States to retain authority over an issue they have regulated from the beginning." Basically, he is saying legal support is offered to married couples to stay together can raise a more stable family. These benefits are only necessary to those who have the option of pro creation.

Personally, my beliefs fall in a tricky place. I am a strong Christian who personally believes gay marriage is a sin, yet I believe every couple should have the legal rights, benefits, and responsibility that come with lawful partnership in marriage. I believe that by not allowing this, we deny American citizen's fundamental rights a citizens and go against the Constitution. This country was founded on Christian principles, but it was also founded on freedom- freedom of speech, freedom of religion, etc. We as American Christians, cannot force the nation to conform to Christian ways or else the church becomes disingenuous and corrupt. We can encourage morality and others to turn to Jesus, but we cannot force our religion. That being said, after reading Judge Sutton's full report (which can be found here), I know he could easily and intelligently offer convincing counter arguments to my remarks.

Now, the 5th Circuit Court, which includes Texas, anxiously awaits a ruling on the same-sex marriage cases. News reports anticipate the gay marriage ban to be ruled unconstitutional, but I wonder what would happen if Judge Sutton resided over this ruling as well.

Sources: Albert Mohler, Kate Jacenich, My San Antonio