26 States Have Been Forced By Courts To Allow Gay Marriages
In 2004, voters in Michigan and 10 other states passed state constitutional amendments defining marriage as the union of one man and one woman.
Ten years later, in March 2014, a federal judge struck down the law saying it violated the U.S. Constitution’s 14th Amendment’s Equal Protection Clause.
But just eight months later, the 6th Circuit Court overturned that decision, ruling that Michigan’s law—and similar marriage laws enacted by Ohio, Kentucky and Tennessee, the three other states under the court’s jurisdiction—were indeed constitutional. The judges writing that decision noted: “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 6th Circuit.”
The U.S. Supreme Court took up the case recently, and now the question is whether nine judges (or just five to be more accurate) will express the same humility as the 6th Circuit or will they instead determine they do have the sweeping authority to make such a decision for more than 300 million American citizens who live in all 50 states?
The issue before the court is not whether states have the right to redefine marriage but whether states should be forced to redefine marriage. And despite what recent public opinion polls may suggest, when voters have been given the opportunity to have their say, they have overwhelmingly voted in favor of traditional marriage.
In only three states has marriage been redefined by popular vote. That means that of the 37 states that recognize same-sex marriage, only three do so because the citizens of that state voted for it. Eight states changed the definition of marriage through their state legislatures, and 26 states have been forced to do so by courts.
Take a look at the national popular vote. Over the last 10 years, this issue has been on the ballot 39 times in 35 states. The number of votes in favor of traditional marriage? 51,483,412. The number of votes in favor of same-sex marriage? 33,015,412. As attorney John Eastman of the National Organization for Marriage rightly concludes, “That’s a vote margin of 60.93 percent to 39.07 percent, a landslide in American politics.” More