Republican-appointed Judge Jeffrey Sutton, one of his party's leading judicial authorities, wrote the 42-page decision, with fellow GOP nominee Deborah Cook concurring....
"When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers," Sutton said. "Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way."
Judge Martha Craig Daughtrey, a Democratic appointee, delivered a blistering 22-page dissent in which she disputed Sutton's reasoning that judges should not decide the issue.
"If we in the judiciary do not have the authority, and indeed the responsibility, to right fundamental wrongs left excused by a majority of the electorate, our whole intricate, constitutional system of checks and balances, as well as the oaths to which we swore, prove to be nothing but shams," Daughtrey said.
“The legacies of Judges Deborah Cook and Jeffrey Sutton will forever be cemented on the wrong side of history. Today the Sixth Circuit stood in the way of a path constructed by two dozen federal court rulings over the last year – a path that inevitably leads to nationwide marriage equality. Gay and lesbian couples in Kentucky, Michigan, Ohio and Tennessee are just as deserving of marriage equality as the rest of America. Now, more than ever before, the Supreme Court of the United States must take up the issue and decide once and for all whether the Constitution allows for such blatant discrimination. We believe that justice and equality will prevail.”
Today’s ruling was an attempt by the two judges to appeal to Supreme Court Justice Anthony Kennedy’s prior opinions regarding the validity of state constitutional amendments, specifically his opinion in Schuette v. Coalition to Defend Affirmative Action.