CINCINNATI, Ohio – Two of the federal judge who heard arguments on six separate cases from Ohio and three other states yesterday indicated they came down on different sides of the debate over same-sex marriage, while the third judge has offered fewer hints.
Judge Martha Craig Daughtrey remarked that “it doesn’t look like the sky has fallen in” in other states that allow same-sex marriage.
Another judge, Jeffrey Sutton, repeatedly asked whether trying to get the issue changed before the U.S. Supreme Court was the right course instead of waiting for popular change.
The 6th Circuit Court of Appeals judges questioned lawyers on both sides during the biggest court session yet of federal legal battles over gay marriage. They were hearing cases from Ohio, Michigan, Kentucky and Tennessee.
State solicitor Eric Murphy argued in favor of the ban on same-sex marriage passed by Ohio voters a decade ago. He said that Ohio has traditionally defined marriage as between a man and woman, and that same-sex marriage is too new to be considered a deeply rooted, fundamental right.
Attorney Al Gerhardstein of Cincinnati countered that Ohio’s refusal to recognize out-of-state gay marriages violates the dignity of same-sex couples. He said it also amounts to unique discrimination because Ohio has historically recognized marriages in other states that wouldn’t be legal in Ohio, such as between cousins or involving minors.
The judges gave no indication of when they will hand down their rulings.
CINCINNATI (AP) — A federal appeals judge hearing arguments about gay marriage bans in four states says
made the comment Wednesday in Cincinnati as she and two other judges on the 6th U.S. Circuit Court of Appeals
The judges didn’t indicate when they would rule in the cases.