One of three federal judges hearing arguments about gay marriage bans in four states said “it doesn’t look like the sky has fallen in” in other states that currently allow same-sex marriage.
6th U.S. Circuit Court of Appeals Judge Martha Craig Daughtrey made the comment Wednesday as she and two other judges questioned lawyers from cases in Ohio, Michigan, Kentucky and Tennessee.
According to SFGate:
Sutton repeatedly questioned attorneys for the same-sex couples whether the courts are the best place to legalize gay marriage, saying that the way to win Americans’ hearts and minds is to wait until they’re ready to vote for it.
“I would have thought the best way to get respect and dignity is through the democratic process,” said Sutton, a George W. Bush nominee. “Nothing happens as quickly as we’d like it.”
Judge Martha Craig Daughtrey, a Bill Clinton nominee, said that historically, courts have had to intervene when individual constitutional rights are being violated, such as overturning state laws against interracial marriage and giving women the right to vote, pointing out that the latter took decades.
“Do you have any knowledge of how many years I’m talking about, going into every state, every city, every state board of elections, for 70 years?” she said. “It didn’t work. It took an amendment to the Constitution.”
Besides, gay marriage already is legal in more than a quarter of the states, and “it doesn’t look like the sky has fallen in,” Daughtrey said.