reply to post by korathin
So long as states / laws don't punish people for holding an opposing view point or create a law that allows one group to financially beneficent while
denying the same to others, the States can establish a religious base.
However, gay people are being punished for having an opposing view point as well as punished financially by being denied the same benefits available
to straight people.
Congress cannot establish an official religion, nor can they give preferential treatment to one religion over the other. However the establishment
clause (directly affects the 1st amendment) allows the Federal government to venture into the religion arena to ensure fair and free access to all
people, which does allow for Federal laws on the subject to be applied to the States via the 14th / equal protection clause.
Secondly when a State passes a law banning gay marriage, the only 2 options to base the law on are -
* - against nature
* - religious viewpoint.
Since the state cannot regulate "against nature", as it has no standing in law, they use religion (they just dont say religion because its a political
and legal land mine.). Because of that viewpoint the laws being passed are based on the religious view point of those who draft the legislation and
those who vote for it. If they dont use the religion as their basis, then there would be absolutely no need for the law. If they do base it on
religion, then it violates the individuals first amendment rights and the 2 clauses attached to it.
As far as evidence of my argument I refer you to the 9th circuit court of appeals over California's ban on gay marriage that was overturned. The
justices stated the law served no other purpose than to -
"“Proposition 8 served no purpose, and had no effect, other than to lessen the status and human dignity of gays and lesbians in California,”
the court said.
If the appeal goes forward its going to result in case law for the states in the 9th circuit (all if it goes to SCOTUS).
When any one of the ban on gay marriage laws hits the full circuit, the constitutionality of the law will be questioned. The states will be required
to justify the law and the reasons behind it, and in doing so will sink themselves because they will not be able to defend the law without using
religion as a base.
The US Constitutional violations the states commit by passing these idiotic laws are present, making the matter a Federal issue. The other reason the
laws / arguments fail is in part due to the full faith and credit clause. Congress is responsible for determining which legal documents / cases / etc
are covered under full faith and credit, and to date Congress refuses to allow gay marriages to be covered.
Why? Because their view is marriage is between a man and a woman, which again is based on personal religious beliefs. Enjoy your state sanctioned
religion now because at the rate the states are going, the US Supreme Court will settle the issue for the states.
Also - You should learn the law before making comments like this -
Aww, a poor wittle Intellectually bankrupt person trying to read the
constitution. This whole concept of you illustrate in the first few sentences is a clever atheist lie.
That way you won't look lost when your position is shot down using State and Federal laws, not to mention the fact the Constitution is not a law.
edit on 22-2-2012 by Xcathdra because: (no reason given)