Archbishop Salvatore Cordileone of San Francisco, chairman of the USCCB Subcommittee for the Promotion and Defense of Marriage, praised the Nov. 6 decision by the U.S. Court of Appeals for the Sixth Circuit upholding the rights of states to legally recognize and protect the meaning of marriage as exclusively between one man and one woman.
“The Sixth Circuit has upheld the rights of the citizens of Michigan, Ohio, Kentucky and Tennessee to protect and defend marriage as the unique relationship of a man and a woman,” Archbishop Cordileone said. “We are particularly heartened by the Court’s acknowledgment of the reasonable arguments for preserving the true definition of marriage and by the Court’s respect for the self-determination of states on this issue.”
This is the first of the Circuit Courts to find in favor of the states. The Supreme Court on Oct. 6 declined to hear any states’ appeals. But now that there is a split in the circuit court decisions, it is expected that the Supreme Court will take up the issue.
The Court’s opinion included an argument grounding marriage in the complementarity of man and woman, saying: “It is not society’s laws or for that matter any one religion’s laws, but nature’s laws (that men and women complement each other biologically), that created the policy imperative.”
The Court’s opinion also argued for the rationality of the states’ protecting marriage’s unique meaning: “By creating a status (marriage) and by subsidizing it (e.g., with tax-filing privileges and deductions), the States created an incentive for two people who procreate together to stay together for purposes of rearing offspring. That does not convict the States of irrationality, only of awareness of the biological reality that couples of the same sex do not have children in the same way as couples of opposite sexes and that couples of the same sex do not run the risk of unintended offspring. That explanation, still relevant today, suffices to allow the States to retain authority over an issue they have regulated from the beginning.”
Archbishop Cordileone said, “The Church continues to support efforts to promote, protect and defend marriage in the law. We pray in solidarity with all people that the authentic meaning of marriage will be protected and honored in this country, for the good of all.”
Those challenging the marriage laws in Michigan, Ohio, Kentucky and Tennessee are expected to petition the Supreme Court to review the decision by the U.S. Court of Appeals for the Sixth Circuit.