The Lamp

Where truth can be shared.

Keep Making Sense: More Judicial Victories for Marriage

Posted by thelamp on July 20, 2006

Courts in two more states have upheld efforts to define marriage the way God does, as the union of one man and one woman. CMC is grateful for a wave of rulings that mark a departure from the activist decisions that make a Federal Marriage Amendment necessary.

Last week, the 8th U.S. Circuit Court of Appeals reversed last year’s ruling by U.S. District Judge Joseph Bataillon, which struck down Nebraska’s marriage amendment. In 2000, 70 percent of the state’s voters approved the amendment. Bataillon had ruled that the amendment was too broad and denied homosexuals the right to participate in the political process. The appeals court wisely noted that the amendment “and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States.”

Also last week, Tennessee’s state supreme court cleared the way for that state’s marriage amendment to appear on the Nov. 7 ballot. The American Civil Liberties Union had sued to block the proposal from appearing on the ballot, but the court ruled that the ACLU did not have standing in the case.

Earlier this month, courts in New York, Georgia and even Massachusetts have made rulings that favor proponents of biblical marriage. In each case, the courts have chosen to adhere to the constitutionally assigned role of the judiciary, and not to create new law in support of a political agenda. CMC welcomes these developments.

We don’t expect the liberal media to understand that these decisions simply reflect a trend, however small, of judges doing the job they’re supposed to do. The New York Times, for example, declared the Nebraska and Tennessee decisions “setbacks to gay rights.” CMC hopes these recent court decisions guide future jurists considering the right of marriage proponents to take their views to the people, just as advocates of any other political or moral issue can.


What do you think?  Post your comments below.


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