The First Ammendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". Since the ban on gay marriage in no way respects the establishment of religion *or prohibits it* this is NOT a "seperation of church and state" issue, even if such a thing existed.
People just need to get a grip and realize that gays are not prohibtted from doing anything we heterosexuals do. A gay person may legally marry a person of the opposite sex. Granting them special rights makes them a special class, which would violate the 14th Amendment. It states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". It must follow then that all rights of all citizens are the same and we are therefore equal under the law.
I therefore submit to you that to make gay marriage legal in the United States would be a violation of MY consitutuional rights, since I am not gay.
2006-12-07 16:37:29 · 5 answers · asked by cornbread 4 in Society & Culture ➔ Cultures & Groups ➔ Other - Cultures & Groups
For a clear and concise description of why the main issue around gay marriage is gender discrimination, see coragryph's 360 page.
A bit of it:
The logic for this argument is simple. A gay man can marry a lesbian woman in any state. But a straight woman cannot marry another straight women. Thus, sexual orientation has nothing to do with the laws. In fact, none of the laws banning same sex-marriage even mention sexual orientation. They only define marriage based on the gender of parties. And that's pure gender-based discrimination, which is unconstitutional under the Equal Protection clause since gender is a protected class.
This guy is brilliant:
http://blog.360.yahoo.com/blog-kjFFwXQydLQoKAAa7mPLHg--?cq=1&l=11&u=15&mx=31&lmt=5
2006-12-07 16:43:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I really hope that last sentence is a joke. Name ONE way that making gay marriage legal will violate your rights.
Not allowing gays to marry clearly violates the 14th Amendement. Denying TWO CONSENTING ADULTS (emphasized because I know that some ignoramus is going to bring up beastiality or pedophilia) the right to marry is abridging them of one of the basic privileges that are granted to all US citizens. Gays aren't asking for special rights, they're asking for EQUAL rights.
Furthermore, the ban on gay marriage does respect a "separation of church and state" issue (whether or not this exists is a moot point), as practically all of the arguments against it are religiously based.
2006-12-08 04:07:55 · answer #2 · answered by redhed311 5 · 0⤊ 0⤋
Justice Bork (between some others) claims that if a state enables gay marriage, the different state that fails to renowned that marriage violates the completed faith and credit clause. so far the courts have not agreed. a lot of human beings argue that because of fact lawsuits have long discovered that there is a basic precise to marry, denying homosexuals the the terrific option to marry violates the equivalent secure practices clause.
2016-10-14 06:14:05 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You mean they have the right to marry someone they're not attracted to? That's not the same right.
But I agree it has nothing to do with the First Amendment.
2006-12-07 16:46:12 · answer #4 · answered by braennvin2 5 · 0⤊ 0⤋
What is your point again?
2006-12-07 16:39:18 · answer #5 · answered by Zack 3 · 0⤊ 1⤋