The official summary:
I commented on the Sixth Circuit decision here.
And here's the juicy part of the West Virginia decision by Judge Robert Chambers:
Here's Judge Chambers' decision.
Well we just capped off the busiest month in marriage equality history, but it's looking like November's going to be just as busy. Two judges in the Sixth Circuit just ruled against equality, which sets us up for a Supreme Court ruling in the coming months. And no sooner did the Sixth Circuit uphold marriage bans than a judge in West Virginia issued a ruling of his own, explaining why they're wrong. Plus, judges overturned marriage bans in Kansas and Missouri, with some complicated rules about who can get married and when.
I commented on the Sixth Circuit decision here.
And here's the juicy part of the West Virginia decision by Judge Robert Chambers:
Lambda Legal adds Chambers also offered a critique of the Sixth Circuit's ruling upholding four states' gay marriage bans, with Chambers stating that the appeals court:
"fail[ed] to recognize the role of courts in the democratic process. It is the duty of the judiciary to examine government action through the lens of the Constitution’s protection of individual freedom. Courts cannot avoid or deny this duty just because it arises during the contentious public debate that often accompanies the evolution of policy making throughout the states. Judges may not simultaneously find a right violated yet defer to an uncertain future remedy voluntarily undertaken by the violators."
Here's Judge Chambers' decision.
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