Federal judges have been striking down state marriage laws right and left, so it was encouraging to see one judge who understood his role in the judicial process and acknowledged judicial precedents. Judge Jeffrey Sutton wrote in his opinion for the Sixth Circuit Court of Appeals that states have the right to define marriage, especially when the is based on basic biology and thousands of years of history and tradition.

He wrote that marriage “has long been a social institution defined by relationships between men and women. So long defined, the tradition is measured in millennia, not centuries or decades.” You have to appreciate a judge who understands the importance of traditional marriage and its place in light of thousands of years of history and tradition.

He went on to say: “Process and structure matter greatly in American government. Indeed, they may be the most reliable, liberty-assuring guarantees of our system of government requiring us to take seriously the route the United States Constitution contemplates for making such a fundamental change of such a fundamental social institution.” You also have to appreciate a judge who understands that a few unelected judges should not overturn laws governing marriage. This should be the action of legislatures or a state amendment process that reflects the will of the people. The judge also acknowledged earlier precedents for traditional marriage.

Judge Sutton also noted that basic biology affirms traditional marriage (they complement each other). In a previous commentary about the book by Sean McDowell and John Stonestreet, I summarized their simple syllogism: sex makes babies; society needs babies, and babies deserve mothers and fathers. These three truths form the foundation for traditional marriage.

Now that there are conflicting decisions from different appeals courts, it seems likely that the Supreme Court will step in to take a case involving the state amendments that were passed to define marriage. We can hope that the justices see the wisdom in the opinion by Judge Jeffrey Sutton.