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Comparing the Sixth Circuit Marriage Equality Rule to The Others

gaywedding-151 copyThe AP has a great breakdown of the Sixth Circuit marriage equality smack down versus earlier cases.

CBS Detroit reports:

Breaking ranks with rulings from other federal courts, the 6th U.S. Circuit Court of Appeals panel in Ohio upholds gay marriage bans in four states, including Michigan, saying the courts aren’t the right place to legalize gay marriage. Here’s a look at some key passages and how they compare to previous federal rulings:

1. Children

The Latest: The 6th Circuit ruling says that limiting unions to being only between a man and a woman is a view shared “not long ago by every society in the world, shared by most, if not all, of our ancestors, and shared still today by a significant number of the States. People may not need the government’s encouragement to have sex or “propagate the species,” it says, but may need encouragement to “create and maintain stable relationships within which children may flourish.”

“Imagine a society without marriage. It does not take long to envision problems that might result from an absence of rules about how to handle the natural effects of male-female intercourse: children,” the opinion says. “May men and women follow their procreative urges wherever they take them? Who is responsible for the children that result?”

The judges acknowledge that gay and lesbian couples are equally capable of being in loving, committed relationships and effectively raising children. But those facts don’t mean states must suddenly believe gay marriage bans violate the constitution, the opinion says.

Earlier Rulings: The San Francisco-based 9th Circuit said the proposition that children suffer in same-sex households “reflects a crass and callous view of parental love and the parental bond that is not worthy of response. We reject it out of hand.”

The Denver-based 10th Circuit scoffed at the attempts by Utah and other states to use procreation as a justification for gay marriage bans. In a majority opinion written by Judge Carlos Lucero, the court pointed out that adoptive parents and opposite-sex couples who rely on assistance to get pregnant aren’t denied the right to marry. They said they don’t buy the contention that same-sex couples are inferior parents.

It’s a great breakdown – read the whole thing.

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