Aleteia logoAleteia logo
Aleteia
Saturday 28 November |
Saint of the Day: Pope St. Gregory III
home iconNews
line break icon

Can Same Sex Marriage Bans be Upheld Anywhere in this Era of Judicial Activism?

AP Photo/Jeff Chiu

Richard Myers - published on 11/09/14


Let’s hope that the Supreme Court, when it considers DeBoer v. Snyder, will let this issue play out through the democratic process. That was certainly Judge Sutton’s operating premise. Judge Sutton closed his opinion with this passage:

When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these changes are judges and lawyers. Better in this instance, we think, to allow change through the customary political process, in which people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way.


But Judge Sutton’s exercise of judicial humility is not that common. All of us, and maybe particularly judges, want to be heroes. I doubt whether the Supreme Court Justices who refused to hear same sex marriage cases in October will now affirm Judge Sutton’s ruling. The Justices will likely rely on the legal trend they supported to force same-sex marriage on every state in the Union.

Richard Myers is Professor of Law, Ave Maria School of Law and serves on the Aleteia Board of Experts.

  • 1
  • 2
Tags:
Homosexuality
Support Aleteia!

If you’re reading this article, it’s thanks to the generosity of people like you, who have made Aleteia possible.

Here are some numbers:

  • 20 million users around the world read Aleteia.org every month
  • Aleteia is published every day in eight languages: English, French, Arabic, Italian, Spanish, Portuguese, Polish, and Slovenian
  • Each month, readers view more than 50 million pages
  • Nearly 4 million people follow Aleteia on social media
  • Each month, we publish 2,450 articles and around 40 videos
  • We have 60 full time staff and approximately 400 collaborators (writers, translators, photographers, etc.)

As you can imagine, these numbers represent a lot of work. We need you.

Support Aleteia with as little as $1. It only takes a minute. Thank you!

Daily prayer
And today we celebrate...




Top 10
LUXOR FILM FESTIVAL
Zoe Romanowsky
20-year-old filmmaker wins award for powerful...
Eric Clapton, Luciano Pavarotti, East London Gospel Choir
J-P Mauro
Hear Clapton and Pavarotti sing a prayer to t...
FIRST CENTURY HOUSE AT THE SISTERS OF NAZARETH SITE
John Burger
British archaeologist confident he has found ...
PRAY
Cerith Gardiner
12 Things we can be grateful for this Thanksg...
VATICAN POPE GOOD FRIDAY COLOSSEUM
Kathleen N. Hattrup
Learn to pray with the early Church and to di...
PADRE PIO
Philip Kosloski
Padre Pio's favorite prayer of petition
EARTHQUAKE
Bret Thoman, OFS
Two earthquakes couldn't stop these Italian n...
See More
Newsletter
Get Aleteia delivered to your inbox. Subscribe here.