An interesting back story may be developing with the latest federal judicial order striking down same-sex marriage in yet another of our 50 states.
Alabama’s same-sex marriage ban has been ruled unconstitutional by U.S. District Judge Callie V.S. Granade, who ruled in favor of a lesbian couple that had married in California, moved to Alabama and sought to have the state recognize the adoption of their son.
http://www.foxcarolina.com/story/27927923/federal-judge-rules-alabama-same-sex-marriage-ban-unconstitutional
Where’s the back story?
Judge Granade was appointed to the federal bench by Republican President George W. Bush, a noted opponent of same-sex marriage.
Here lies the beauty, in my view, of the federal judicial system. Judges get lifetime appointments and that frees many of them from the raw political pressure that often mounts against, say, judges who are elected on partisan ballots.
The federal judge who ruled the Texas same-sex marriage ban unconstitutional is a Barack Obama appointee and some on the right have dismissed her ruling as the work of a partisan hack.
What about Judge Granade’s ruling, which like the rest of the state laws that have been struck down, was based on the U.S. Constitution’s 14th Amendment provision that guarantees “equal protection” under the law for all U.S. citizens? The couple in question here, Cari Searcy and Kimberly McKeand, fit the bill as true-blue, red-blooded American citizens.
Alabama Gov. Robert Bentley, also a Republican, is going to determine whether to appeal the ruling.
Well, he ought to wait on another court — the U.S. Supreme Court — which will hear arguments in a few weeks on another case involving this issue. It will determine before the term ends this summer on whether state bans violate that pesky 14th Amendment.
Let’s not bemoan, meanwhile, these rulings by “unelected judges.” They’re unelected for a good reason.