FOR IMMEDIATE RELEASE
LEXINGTON, KY—"States who believe they have the right to define marriage in their states have been denied their day in court," said a spokesman for The Family Foundation in response to yesterday's decision by the U.S. Supreme Court not to hear the appeals of five states on the same-sex marriage issue. "This decision is so blatantly political it seems to have surprised even supporters of same-sex marriage."
"This also gets Justice Anthony Kennedy, the swing vote on this issue, off the hook on having to contradict the position he set out in the Windsor decision," said Martin Cothran, senior policy analyst for the group. When the Court struck down the federal Defense of Marriage Act (DOMA) last year, Kennedy, who wrote the majority decision, had argued that the federal government could not have such a law because it violated the right of states to define marriage.
"The Supreme Court struck down the federal marriage law on the grounds that states have a right to define marriage. But they will have to strike down state marriage laws on the grounds that they don't have that right. By punting yesterday, they were able to force same-sex marriage on states without having to face the contradiction in their reasoning."
Cothran said that if the federal government is going to dictate marriage policy to the states, "it ought to at least allow both sides their day in court. History will not judge the Court well if it acts politically like this and doesn't even allow states to argue their case."