A federal appeals court upheld the ban on gay marriage yesterday in four states, breaking the tide with other courts that have considered the issue and setting up the prospect of a Supreme Court review. The 6th U.S. Circuit Court of Appeals panel that heard arguments on gay marriage bans or restrictions in Ohio, Michigan, Kentucky and Tennessee on August 6th. split 2-1, with Circuit Judge Jeffery Sutton writing the majority opinion. The ruling creates a divide among federal appeals courts, increasing the likelihood the Supreme Court will finally take up this issue. The ruling concluded that states have the right to set rules for marriage. This ruling follows more than 20 court victories for supporters of gay marriage since the U.S. Supreme Court struck down part of the federal Defense of marriage Act last year and created this mess.