SCOTUS and marriage: ‘Judicial fiat’ negates states’ rights

By Charlie Butts

The fight for traditional marriage will continue despite lack of action from the U.S. Supreme Court.

Supporters of traditional marriage had hopes the high court would accept appeals from several federal appeals courts and decide the marriage issue once and for all. But Monday the court declined to hear the cases, effectively legalizing same-sex “marriage” in 30 states and the District of Columbia.

Matt Barber, a constitutional attorney who founded, admits he doesn’t understand the logic of the Supreme Court.

Trending: Facebook Now Censoring and Blocking Prayer

Barber, Matt (Liberty Counsel)“They’re putting off the inevitable and creating a great deal of unnecessary chaos while they do so,” he describes. “Now we suddenly have – through judicial fiat – so-called same-sex marriage in 30 states, [and] 20 states not recognizing counterfeit marriage.”

Because of the court’s inaction, rulings from appeals courts will stand legalizing same-gender marriage in 11 more states for the total of 30 – that is, unless the court rules in a future case.

Mike Jestes of Marriage Network Oklahoma, one of the states whose case was turned away, wasn’t surprised by the decision. “… In Oklahoma we contend that it’s a state’s right [to define marriage],” he tells OneNewsNow, “and in 2004 – by an overwhelming majority of 3-to-1 – Oklahomans voted that marriage was between a man and a woman. And I’m sure that our governor, Governor Mary Fallin, will stand by that and fight for state rights.”

Yet to be decided are cases before appeals courts in several jurisdictions before moving on to the Supreme Court.

The high court’s decision on Monday ended delays in same-sex marriages in five states – Indiana, Oklahoma, Utah, Virginia, and Wisconsin; and opened the door for legalized “gay marriage” in six other states (Colorado, Kansas, North Carolina, South Carolina, West Virginia, and Wyoming).

Report via

The opinions expressed by columnists are their own and do not necessarily represent the views of Barb Wire.

Join the conversation!

We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.