Utah, Virginia, Oklahoma Appeal Same-Sex ‘Marriage’ Rulings to U.S. Supreme Court

two menWASHINGTON — Three states have filed appeals to the U.S. Supreme Court in defense of their constitutional amendment enshrining marriage as being between a man and a woman, in light of lower court rulings which have struck down such same-sex ‘marriage’ bans as violating the federal Constitution.

The attorney generals in Utah and Virginia submitted their appeal on Tuesday and Friday, respectively, with a Christian legal organization filing on behalf of an Oklahoma county clerk on Wednesday.

The briefs submitted to the nine-judge panel largely express concern that amendments approved by voters can be so easily overturned by the courts.

“The 10th Circuit … negated the exercise of this fundamental right (of voting) by more than 1 million Oklahomans and millions of voters in other states,” Alliance Defending Freedom (ADF) wrote on behalf of Tulsa County Clerk Sally Howe. “Invalidating the people’s voice on an issue as profound as the definition of marriage presents an important question that warrants this court’s review.”

“It comes down to this: Thousands of couples are unconstitutionally being denied the right to marry, or millions of voters are being disenfranchised of their vote to define marriage,” Utah Attorney General Sean Reyes (R) wrote to the court.

As previously reported, the 10th Circuit Court of Appeals had struck down Oklahoma’s marriage amendment last month, which had been approved by 76 percent of voters during the November 2004 election.

“Oklahoma’s ban on same-sex marriage sweeps too broadly in that it denies a fundamental right to all same-sex couples who seek to marry or to have their marriages recognized regardless of their child-rearing ambitions,” the majority opinion asserted. “As with opposite-sex couples, members of same-sex couples have a constitutional right to choose against procreation.”

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But Justice Paul Kelly, nominated by then-President George H.W. Bush, disagreed with his colleagues and declared that the court had no right to redefine the sacred institution of marriage.

“Simply put, none of the Supreme Court cases suggest a definition of marriage so at odds with historical understanding,” he wrote in his dissent. “Removing gender complementarity from the historical definition of marriage is simply contrary to the careful analysis prescribed by the Supreme Court when it comes to substantive due process.”

Utah’s appeal stems from a ruling issued in December of last year, when U.S. District Judge Robert J. Shelby, nominated by Barack Obama, struck down the state’s marriage amendment as a violation of the 14th Amendment. Utah’s amendment banning same-sex “marriage” was likewise passed in 2004 during the November election with 66 percent of the vote.

Gov. Gary Hebert had vowed to defend the law following the ruling, which was also upheld by the 10th Circuit Court of Appeals

“I am very disappointed an activist federal judge is attempting to override the will of the people of Utah,” he wrote. “I am working with my legal counsel and the acting attorney general to determine the best course to defend traditional marriage within the borders of Utah.”

Virginia Attorney General Mark Herring (D), who supports same-sex “marriage,” had originally refused to defend the Commonwealth’s marriage amendment, but has now agreed to appeal to the Supreme Court. Virginia’s ban was struck down in February in federal district court. The 4th Circuit Court of Appeals upheld the ruling last month.

“I believe the district and appeals courts ruled correctly in striking down Virginia’s discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word,” Herring wrote in a statement this week. “I want that decision to come as soon as possible and I want the voices of Virginians to be heard. This case has moved forward at an incredibly swift pace, and I look forward to a final resolution that affirms the fundamental right of all Virginians to marry.”

Many states and colonies passed laws criminalizing homosexual behavior even before the founding of America. William Penn, the founder of the Commonwealth of Pennsylvania, wrote in The Great Law in 1682, “And be it further enacted by the authority aforesaid that if any person shall be legally convicted of the unnatural sin of sodomy or joining with beasts such persons shall be whipped and forfeit one third part of his or her estate and work six months in the house of correction at hard labour, and for the second offense imprisonment as aforesaid during life.”


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  • John Buchanan

    Adam and Eve was the world’s marriage expresiing God’s design. This demonstrates what is God’s best and what is natural. Genesis testifies to this account. God said it was not good for man to be alone, so He created woman to help man- Genesis 2:18
    You can try to manipulate the courts or opinions of man but remember those same courtrooms that require a person to place their hand upon the Bible to swear to tell the truth so help you God under oath contain the truth, the whole truth and nothing but the truth. If you push all the way to the Supreme Court , you will find the Ten Commandments on display for a reason. God has the last say on marriage

  • Thomas in the sand

    Oh Angela. wow Adam and Eve are mythological figures, they never actually existed. This is not my opinion, it is a natural fact. Life as we know it today is impossible if we started from a single couple. Of course, you are welcome to believe anything you’d like, but when you start telling other people what they can and can’t do, especially when you’re doing it based on factually incorrect information, people like me get upset. You’re actually hurting Christianity by publicly professing such demonstrably wrong information regarding the history of our planet.

    • Mary Waterton

      Instead we should believe in two strands of DNA named Frick and Frack who evolved randomly from primordial slime? Each unfurled DNA comprised of 100 TRILLION nucleobases, any one out of order resulting a defective gene. Frick and Frack are mythological figures and Angela is not the problem. Evolutionary Atheists pretending to be Christians publicly professing demonstrably false information are the problem.

  • Thomas in the sand

    Mary, you know just enough about the DNA strand to be dangerous. You don’t know enough to have any idea what you’re talking about though. Nothing evolved randomly, nothing. If you’re going to dismiss an entire branch of the natural sciences, don’t you think you should know something about it first? Then again, you may prefer to keep yourself ignorant… It’s less stress on your psyche that way, but it does very little toward actually defining the truth.

    Now, ARE YOU ACTUALLY CLAIMING THE TWO STRANDS OF DNA (Frick & Frack) ARE MYTHOLOGICAL?!? I’ve seen the things… the actual strands! Not a photograph, but the very real, very extant molecule. Was I (and every single biology student in history) deceived?? Oddly, we all came away with identical descriptions, unlike those of you professing to have witnessed God.

    One last thing, show me anyplace where I claimed to be a Christian. I’m quite honest; my position thrives in direct sunlight, your position requires darkness and the hope od things unseen to survive.

  • Tim Horton

    Either you accept the Bible as truth or you don’t. You don’t get to pick and choose. You have every God given right to reject His truth and live your own. However, in the end you can only serve one master. Over the last 150 years science has had to accept so many things that come right from the pages of the Bible and will be making concessions until they either accept creation totally or decide to base fact on fiction. I challenge anyone to not only use the Bible as a historic and accurate document but all other recorded history and facts found as well that substantiate what is stated in the Bible. Amazingly, those that assume the Bible is myth and story never seem to research the most accurate documentation of proven prophecy that should be factual enough for a rock to understand and accept its authenticity and accuracy. I am talking about the 2300 year prophecy that within it are several more. It shows Babylon destroying Jerusalem, the rebuilding of Jerusalem, the genealogy of Christ, the Birth of Christianity, The birth of Christ, His baptism, His Ministry and crucifixion and His resurrection from the dead. The prophecy of Rome destroying the rebuilt Jerusalem, all of the nations and changing of authorities naming nations and rulers, from the time of Babylon until now and the Bible identifies the anti-Christ and if that isn’t enough, the Bible even explains itself and all the different symbols used throughout the prophecy and beyond. Now, for anyone that thinks they understand scientific possibilities, the possibility of only 8 of the many more prophecies that took place during the 2300 years are 1,000,000,000,000,000,000 to one that just this 8 could take place. There are many more and it isn’t over yet. So for you scientific buffs or non-Bible believing historians want to take a shot at it, just accept the challenge. All I ask is that you ate totally honest with yourself and others of your findings. Oh, I might be wrong but for every completed prophecy you ad to the original 8 as a starting figure here, I think you add another 16 zeros, on that I might be wrong. Grab your Bibles, open up and start in Daniel the Book of Daniel then go to The revelation of Jesus Christ and will end at Revelation 22:21. (Some Helpful Hints look up symbols in Bible Prophecy once you learn them it all comes easily)