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Regardless of whether or not people agree with Judge Sutton's Majority opinion that upheld same-sex marriage bans in the Sixth circuit, he did ask a rather compelling question I would like to pose to the forum.
He goes on to argue that this question demands an answer through the political process rather than the courts. It is also why traditional marriage supporters whimpered with the 6th circuit decision rather than heralded it as a major victory and vindication of their views. Even the court that ruled in favor of their position recognizes it hurts families. The supporters of these bans will now carry the burden of justifying why that harm is justified. It is a question that has considerable importance now that there are far more same-sex families, both with and without recognized marriages. Why should children of same-sex parents in one state enjoy the benefits of married parents but the children in another state be denied them?
The traditional definition of marriage denies gay couples the opportunity to publicly solemnize, to say nothing of subsidize, their relationships under state law. In addition to depriving them of this status, it deprives them of benefits that range from the profound (the right to visit someone in a hospital as a spouse or parent) to the mundane (the right to file joint tax returns)," Sutton wrote.
"These harms affect not only gay couples but also their children. Do the benefits of standing by the traditional definition of marriage make up for these costs?
He goes on to argue that this question demands an answer through the political process rather than the courts. It is also why traditional marriage supporters whimpered with the 6th circuit decision rather than heralded it as a major victory and vindication of their views. Even the court that ruled in favor of their position recognizes it hurts families. The supporters of these bans will now carry the burden of justifying why that harm is justified. It is a question that has considerable importance now that there are far more same-sex families, both with and without recognized marriages. Why should children of same-sex parents in one state enjoy the benefits of married parents but the children in another state be denied them?