( CNN ) -- 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 . 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 usâ€ ” just two of us in truthâ€ ” 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 ca n'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 . Missouri judge overturns state 's ban on same-sex marriage . 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 ca n'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 . Holder expands federal recognition of same-sex marriage to 5 states . CNN 's Bill Mears and Kevin Conlon contributed to this report .
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 . A federal appeals court in Cincinnati ruled that Ohio's ban on same-sex marriage is unconstitutional and must be struck down by a higher court.