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Federal appeals court upholds state ban on same-sex marriage

November 6, 2014

The U.S. Court of Appeals for the Sixth Circuithas issued a decision that upheld same-sex marriage bans in four states — Michigan, Ohio, Kentucky and Tennessee.

In a 2-1 decision, the Sixth Circuit stopped the trend of granting same-sex couples the right to marry. Thirty-four states have legalized same-sex marriage in recent months.

Judge Martha Craig Daughtrey dissented the ruling.

In the opinion issued on Thursday, the judges said although the same-sex couples involved in the cases claim the current definition of marriage violates their constitutional rights, the decision of legalizing same-sex marriage should rely on voters.

"Our judicial commissions did not come with such a sweeping grant of authority, one that would allow just three of us — just two of us in truth — to make such a vital policy call for the 32 million citizens who live within the four States of the Sixth Circuit," the opinion said.

The decision will now likely go to the U.S. Supreme Court, an institution that has yet not issued an opinion on state bans of same-sex marriage.

In Michigan, the case that challenged the same-sex ban was brought up by Hazel Park residents Jayne Rowse and April DeBoer last year.

In February, U.S. District Judge Bernard Friedman declared the ban unconstitutional. Right after Friedman's decision, Michigan Attorney General Bill Schuette filed an appeal in the Sixth Circuit.

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