12 September 2014

Finally, Fed Judge Supports Ban on SSM

Ban on SSM
After suffering several discriminating losses and had their voices silenced by a select few gay supporters in the judiciary, proponents of the ban on same-sex marriage (SSM) finally hits pay dirt.

A federal judge in New Orleans just upheld the state’s ban on same-sex marriage on 10 September 2014. This was a historic victory for the American people after going against what had been a unanimous trend of federal court decisions striking down such bans.

In his ruling, Judge Martin L. C. Feldman of Federal District Court said that the regulation of marriage was left up to the states and the democratic process; that no fundamental right was being violated by the ban; and that Louisiana had a "legitimate interest ... whether obsolete in the opinion of some, or not, in the opinion of others ... in linking children to an intact family formed by their two biological parents."

That this ruling ran counter to a wave of other federal decisions across the country in recent months was immediately noted by opponents of the ban.

"We always anticipated that it would be a difficult challenge," said J. Dalton Courson, a lawyer for the plaintiffs, adding that the ruling would be appealed to the United States Court of Appeals for the Fifth Circuit. "We certainly are disappointed, considering the string of rulings in favor of same-sex marriage."

Since the Supreme Court struck down part of the federal Defense of Marriage Act (DOMA) last year in the case of United States v. Windsor, there have been 21 consecutive federal court decisions finding that same-sex marriage bans were unconstitutional, according to the Human Rights Campaign, a gay rights group.

This tally includes cases that have made it to the appellate level: The 10th Circuit, in Denver, affirmed such rulings in Utah and Oklahoma, and the Fourth Circuit, in Richmond, Va., upheld the overturning of Virginia’s ban as well. Other cases are still awaiting decisions in federal courts; a ruling striking down Texas’ same-sex marriage ban has already been appealed to the Fifth Circuit here.

With so much activity in the federal courts, legal experts believe that the Supreme Court is likely to rule more definitively on same-sex marriage during the next term, potentially rendering all decision moot within the next year.

Nonetheless, supporters of the ban celebrated the decision.

"It’s refreshing to see this recognition of the right of states to manage their own affairs," the Louisiana attorney general, Buddy Caldwell, said in a statement.

Judge Feldman, who was nominated to the federal bench in 1983 by President Ronald Reagan, acknowledged that he was bucking the trend of court rulings. But he said there were too many unresolved questions about such a “fundamental social change” for the courts to supplant the popular will.

"Must the states permit or recognize a marriage between an aunt and niece?" he wrote. "Aunt and nephew? Brother/brother? Father and child?"

"This court is powerless to be indifferent to the unknown and possibly imprudent consequences of such a decision," Judge Feldman wrote. "A decision for which there remains the arena of democratic debate."

Same-sex marriage is currently not allowed in 31 states, but the a small percentage of the population who are also very vocal and loud wants to undermine the decision of the majority to allow them to engage in hideous same-sex orgy.