Penny Nance, the president of Concerned Women for America, is full of effusive praise for the 6th Circuit Court of Appeals ruling upholding four state laws banning same-sex marriage. That ruling punted on the merits, merely ruling that it is a state matter and not a federal one.
What Sixth Circuit Judge Jeffrey Sutton has given us is a model opinion for every judge in the nation. He showed a judicial restraint and humility that is much needed in our judiciary. Although it is true that 32 states have legalized same-sex “marriage,” 22 of them had it foisted on them by activist judges who were compelled by personal preferences, not law.
As the Sixth Circuit said, clear Supreme Court precedent binds lower courts to uphold marriage laws, including the recent Windsor decision that many judges have manipulated to usurp them. Windsor says precisely that states are free to define marriage as they have done so throughout our history…We applaud the Sixth Circuit for making an honest, wise contribution to the debate and for encouraging the American public to continue a healthy dialogue on the important issue of marriage. If there is any hope of a limited consensus on this issue, it stems from this decision.
This declared love of federalism and state control would be a lot easier to take seriously if Nance had not explicitly advocated for the passage of the Federal Marriage Amendment, which would have eliminated state control of the issue.