Appeals court overturns marriage amendments in Nevada and Idaho

Natural marriage remains in Idaho for the moment as Supreme Court Justice Anthony Kennedy granted the state a stay.
Wed Oct 8, 2014 - 4:43 pm EST
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Supreme Court Justice Anthony Kennedy

State marriage laws are a mess after the Supreme Court's decision earlier this week to not hear several marriage cases that were pending before the Court.

Yesterday, the Ninth Circuit Court overturned marriage amendments -- approved by voters -- in Nevada and Idaho, seeming to clear the way for same-sex "marriages" to take place in those states. However, earlier today, Supreme Court Justice Anthony Kennedy temporarily upheld the state laws -- for a few hours, anyway, as he withdrew the hold on Nevada because the state is not challenging the Circuit Court's decision.

Idaho's law will be upheld due to Kennedy's hold. However, the lack of a challenge from Nevada indicates that it may join Virginia, Indiana, Wisconsin, Oklahoma, and Utah as the newest six states to allow same-sex "marriage." All six states saw voter or legislature-approved laws get overturned by federal judges.

In a statement, Center for Arizona Policy President Cathi Herrod said that Tuesday's Ninth Circuit decision "strikes at the heart of two foundational institutions that have made our nation truly exceptional: a democratic system that allows for self-governance of the people and the family."

"By fundamentally undermining the right of the people to vote to protect marriage as the union of one man and one woman, the Ninth Circuit Court has ... usurped their authority," said Herrod. “Laws may change, but what will always remain is that the definition of marriage that has been ordained since the beginning of time is what is best for men, women, children, and our society as a whole. Center for Arizona Policy is committed to continuing to defend this timeless truth.”

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Family Research Council President Tony Perkins blamed the Supreme Court for Tuesday's ruling. "This is the kind of lawlessness that the Supreme Court left in place yesterday. Millions of voters who support natural marriage are now left to fend for themselves against out-of-control judges who seem quite content substituting their own view for that of the law and those elected to make it,” he said.

"Judge Reinhardt even went so far as to say the consequences of redefining marriage isn't 'worthy of a response,'" continued Perkins. "As more and more people lose their livelihoods because they refuse to not just tolerate but celebrate same-sex marriage, Americans will see the true goal, which is to impose a new sexual orthodoxy from which no dissent will be tolerated."

According to USA Today, the Supreme Court's decision will also affect marriage laws in North Carolina, South Carolina, West Virginia, Colorado, Wyoming, and Kansas due to their presence in the three Circuit Courts affected by the Supreme Court's unwillingness to hear the cases. These six states "most likely ... will have to legalize gay marriage in the coming weeks," says the newspaper.

In the more conservative Fifth Circuit Court of Appeals, the lawsuit by a homosexual couple against Texas' marriage law has been fast-tracked, with a likelihood of oral arguments by year's end, reports the Houston Chronicle.

  homosexuality, justice anthony kennedy, same-sex 'marriage'

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