Daily News Article - November 14, 2014
NOTE: In 22 states where voters passed laws and/or amendments to their state constitutions that stated marriage was only legal between one man and one woman, federal judges struck down the legislation and/or amendments, saying they were unconstitutional under the 14th amendment. An additional 8 states, also passed laws banning same-sex marriage. (For a list of the marriage amendments by state go to: en.wikipedia.org/wiki/List_of_U.S._state_constitutional_amendments_banning_same-sex_unions_by_type or
wikipedia.org/wiki/Same-sex_marriage_in_the_United_States#States_that_license_same-sex_marriage
The National Conference of State Legislatures reports 40 states had laws/amendments banning same-sex marriage
(ncsl.org/research/human-services/same-sex-marriage-laws.aspx) [see end of 2nd para. below "History" under the map]
1. There are 12 U.S. Circuit Court of Appeals. List the states covered by the 6th Circuit Court of Appeals.
2. For what reason did the 6th circuit rule to uphold traditional marriage laws in these states?
3. How many of the 12 U.S. Appeals Courts have overturned states’ traditional marriage laws? List the courts.
4. a) At least 30 states had marriage laws and/or state amendments stating that marriage was between one man and one woman only. Why are these laws, passed by a large majority of voters, no longer in effect?
b) On what grounds did the courts overturn laws passed by voters?
5. Read an analysis of the 6th Circuit Court of Appeals decision by Albert Mohler under "Background" below.
a) What does Mr. Mohler point out was the key legal question (the central constitutional question) before Judge Sutton’s court?
b) How did the 6th circuit answer that question?
6. In his opinion, Judge Sutton wrote:
“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.”
What do you think of Judge Sutton’s statement? Explain your answer.
7. Read the 14th Amendment to the Constitution (law.cornell.edu/constitution/amendmentxiv) Ask a parent: do you think the 14th amendment makes a ban on same-sex marriage unconstitutional? Explain your answer.