Story highlights U.S. Court of Appeals for the Sixth Circuit reverses rulings striking down 4 bans

The ruling could force the Supreme Court to take up the heated issue

Reaction pours in

A federal appeals court Thursday allowed four states to prohibit same-sex unions -- a decision that could force the U.S. Supreme Court to take up the issue.

In a 2-1 ruling, the U.S. Court of Appeals for the Sixth Circuit reversed lower court rulings in Ohio, Michigan, Tennessee and Kentucky that struck down same-sex marriage bans.

"When the courts do not let the people resolve new social issues like this one, they perpetuate the idea that the heroes in these change events are judges and lawyers," Judge Jeffrey Sutton wrote in the ruling.

"Better in this instance, we think, to allow change through the customary political processes, in which the people, gay and straight alike, become the heroes of their own stories by meeting each other not as adversaries in a court system but as fellow citizens seeking to resolve a new social issue in a fair-minded way," Sutton wrote.

The ruling

Photos: Same-sex marriage in the U.S. Photos: Same-sex marriage in the U.S. Carlos McKnight of Washington waves a flag in support of same-sex marriage outside the U.S. Supreme Court on June 26, 2015. The Supreme Court ruled 5-4 that states cannot ban same-sex marriage, handing gay rights advocates their biggest victory yet. See photos from states that approved same-sex marriage before the nationwide ruling: Hide Caption 1 of 33 Photos: Same-sex marriage in the U.S. Shante Wolfe, left, and Tori Sisson become the first same-sex couple to file their marriage license in Montgomery, Alabama, on February 9, 2015. However, seven months after the U.S. Supreme Court ruling legalizing such nuptials nationwide, Alabama Chief Justice Roy Moore directed probate judges in his state to enforce the ban on same-sex marriage. Gay rights organizations swiftly denounced Moore's January 6, 2016, order. Hide Caption 2 of 33 Photos: Same-sex marriage in the U.S. Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom January 5, 2015. Florida began allowing same-sex marriages after a federal judge struck down the state's ban. Hide Caption 3 of 33 Photos: Same-sex marriage in the U.S. Chad Biggs, left, and Chris Creech say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on October 10, 2014, after a federal judge ruled that same-sex marriage can begin in the state. Hide Caption 4 of 33 Photos: Same-sex marriage in the U.S. Joshua Gunter, right, and Bryan Shields attend a Las Vegas rally to celebrate an appeals court ruling that overturned Nevada's same-sex marriage ban on October 7, 2014. Hide Caption 5 of 33 Photos: Same-sex marriage in the U.S. From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on October 6, 2014. The U.S. Supreme Court cleared the way for same-sex marriage in Utah when it declined to hear the state's appeal of a lower court ruling. Hide Caption 6 of 33 Photos: Same-sex marriage in the U.S. Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6, 2014. Hide Caption 7 of 33 Photos: Same-sex marriage in the U.S. Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6, 2014. Hide Caption 8 of 33 Photos: Same-sex marriage in the U.S. Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6, 2014. Hide Caption 9 of 33 Photos: Same-sex marriage in the U.S. Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6, 2014. Hide Caption 10 of 33 Photos: Same-sex marriage in the U.S. Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on June 1, 2014. The date marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples. Hide Caption 11 of 33 Photos: Same-sex marriage in the U.S. William Roletter, left, and Paul Rowe get close after having their photo taken with their marriage certificate May 21, 2014, at Philadelphia City Hall. Hide Caption 12 of 33 Photos: Same-sex marriage in the U.S. Julie Engbloom, left, and Laurie Brown embrace after marrying in Portland, Oregon, on May 19, 2014. A federal judge struck down the state's voter-approved ban on same-sex marriage. Hide Caption 13 of 33 Photos: Same-sex marriage in the U.S. Jennifer Rambo, right, kisses her Kristin Seaton after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on May 10, 2014. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas. Hide Caption 14 of 33 Photos: Same-sex marriage in the U.S. Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on March 22, 2014, a day after a federal judge overturned Michigan's ban on same-sex marriage. Hide Caption 15 of 33 Photos: Same-sex marriage in the U.S. On November 13, 2013, Hawaii Gov. Neil Abercrombie, left, and former state Sen. Avery Chumbley celebrate with a copy of the Honolulu Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in the state. Hide Caption 16 of 33 Photos: Same-sex marriage in the U.S. Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 20, 2013. Hide Caption 17 of 33 Photos: Same-sex marriage in the U.S. Plaintiffs Laurie Wood, left, and Kody Partridge, center, walk with attorney Peggy Tomsic on December 4, 2013, after a judge heard arguments challenging Utah's same-sex marriage ban. Hide Caption 18 of 33 Photos: Same-sex marriage in the U.S. On October 21, 2013, Cory Booker, right, officiates a wedding ceremony for Joseph Panessidi, center, and Orville Bell at the Newark, New Jersey, City Hall. The New Jersey Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry. Hide Caption 19 of 33 Photos: Same-sex marriage in the U.S. A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage on June 26, 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman. Hide Caption 20 of 33 Photos: Same-sex marriage in the U.S. At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage on May 14, 2013. Hide Caption 21 of 33 Photos: Same-sex marriage in the U.S. Delaware Gov. Jack Markell holds up legislation on May 7, 2013, allowing same-sex couples to wed in the state. Hide Caption 22 of 33 Photos: Same-sex marriage in the U.S. Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence on May 2, 2013. Hide Caption 23 of 33 Photos: Same-sex marriage in the U.S. Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, on December 29, 2012. Hide Caption 24 of 33 Photos: Same-sex marriage in the U.S. On March 1, 2012, Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill. The law was challenged, but voters approved marriage equality in a November 2012 referendum. Hide Caption 25 of 33 Photos: Same-sex marriage in the U.S. On February 13, 2012, Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law. Voters there approved same-sex marriage in November 2012, defeating a challenge by opponents. Hide Caption 26 of 33 Photos: Same-sex marriage in the U.S. Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect. Hide Caption 27 of 33 Photos: Same-sex marriage in the U.S. On August 21, 2010, TV reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010. Hide Caption 28 of 33 Photos: Same-sex marriage in the U.S. Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol on January 1, 2010, after the state's law allowing same-sex marriage went into effect. Hide Caption 29 of 33 Photos: Same-sex marriage in the U.S. In May 2009, Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed to affirm the right of same-sex couples to marry. Hide Caption 30 of 33 Photos: Same-sex marriage in the U.S. Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with an April 3, 2009, court ruling. Hide Caption 31 of 33 Photos: Same-sex marriage in the U.S. Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriage became legal in Connecticut on November 12, 2008. Hide Caption 32 of 33 Photos: Same-sex marriage in the U.S. Lara Ramsey, left, and Jane Lohmann play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so. Hide Caption 33 of 33

Sutton, who was appointed by President George W. Bush, said that it's not the responsibility of the judicial branch of government to make "such a fundamental change to such a fundamental social institution."

"Process and structure matter greatly in American government," Sutton wrote. "Our judicial commissions did not come with such a sweeping grant of authority, one that would allow just three of us—just two of us in truth—to make such a vital policy call for the thirty-two million citizens."

Judge Deborah L. Cook joined Sutton's decision, while Senior Circuit Judge Martha Craig Daughtrey dissented.

"This is a very important decision from the federal court of appeals in Cincinnati, which disagreed with every other circuit court that has decided this case so far," said CNN senior legal analyst Jeffrey Toobin. "[The court said] there is not a constitutional right to same-sex marriage."

Daughtrey said that Cook and Sutton's decision read more like a piece of political philosophy than a court decision that grappled with a constitutional question.

"Instead of recognizing the plaintiffs as persons, suffering actual harm as a result of being denied the right to marry where they reside or the right to have their valid marriages recognized there," Daughtrey said, "my colleagues view the plaintiffs as social activists who have somehow stumbled into federal court."

'They can't duck it anymore'

In October, the Supreme Court announced it would not hear appeals to same-sex marriage cases filed by a handful of states -- effectively paving the way for same-sex unions to become legal in Indiana, Oklahoma, Utah, Virginia and Wisconsin. A handful of states later followed suit.

The high court's decision left the door open for future challenges -- such as one that could result from Thursday's decision.

Many observers of the high court said they believed it did not take up same-sex marriage cases because there seemed to be a consensus on the issue on the circuit court level since the Supreme Court struck down the federal law that defined marriage as between one man and one woman -- the Defense of Marriage Act.

"[The ruling] sets up an almost-certain fight before the Supreme Court," Toobin said. "They can't duck it anymore."

The American Civil Liberties Union said it will appeal the appeals court's decision to the high court.

"We believe it's wholly unconstitutional to deny same sex couples and their families access to the rights and respect that all other families receive," Chase Strangio, staff attorney in the ACLU LGBT Project, said in a statement. "We will be filing for Supreme Court review right away and hope that through this deeply disappointing ruling we will be able to bring a uniform rule of equality to the entire country."

This ruling is the first by a federal appeals court to uphold a state's same-sex marriage ban since DOMA.

The Alliance Defending Freedom, a conservative organization, praised the decision.

"The people of every state should remain free to affirm marriage as the union of a man and a woman in their laws," ADF senior counsel Byron Babione said in a statement.