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How the Supreme Court should decide the same-sex union cases

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By John A. Sparks, The Center for Vision and Values

The U.S. Supreme Court has agreed to hear four cases involving the issue of same-sex unions. These cases come from the Sixth Circuit where the U.S. Appeals Court had earlier upheld Michigan’s definition of marriage as limited to one man and one woman. That decision (DeBoer v. Snyder) created what is called a “conflict among the Circuits” and forced the Supreme Court to address the issue.
The court will be likely to issue a decision in June 2015 with arguments in April.
There are two questions that the court has agreed to take up. Does the 14th Amendment require a state to license a marriage between two people of the same sex?
Secondly, does that same Amendment “require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?”
How should the Supreme Court decide these cases? Specifically, the justices should reject the recent rash of federal court decisions that have, for the time being, forced same-sex marriage on the citizens of 31 states who had democratically chosen to define marriage as between one man and one woman.


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