Thus, retaining the definition of marriage as a man and a woman simply does not pose a meaningful threat to the separation of church and state. It invites detractors to say that while sexuality is a choice being black is not. Marriage most definitely serves important secular purposes and has a secular effect: Why isn't this argument being made? Are people of faith trying to impose their religious view of marriage on society as a whole?
The contention that religious people cannot advocate religiously based moral views as public policy is simply censorship. The California Supreme Court has now held that the right of gays to equality is fundamental, while refusing to recognize that religious freedom is a fundamental right. I'm not saying that this burden can't be met but there's an easier way to strike down bans on same sex marriage, a way that avoids the gay rights rhetoric. So the only moral position ruled out of bounds is the moral position that gay marriage is immoral. But that's because they were hearing the wrong argument. With respect to marriage, we have already written extensively as to why same-sex marriage threatens the very existence and survival of organized religion in America. Ultimately, limiting marriage just to opposite sex couples must be about some religious view of marriage. The divorce rate in for the state was 2. Now, for the first time, the courts have asserted the right to change the definition of marriage, and to impose on the state of California the moral and religious views of a minority, views many believe to be immoral and irreligious. Instead of protecting the freedom of religious people to speak their minds about morality, it is now being used as a tool to silence them, censorship , and to rule their moral views unacceptable. The same-sex marriage debate in this country has been bogged down, as Jones rightly points out, by a blurring of religious and legal definitions of marriage. There has never been any question about whether marriage extends to same-sex couples. Proposition 8 does not include any religious aspects of marriage, only civil laws concerning marriage. Why isn't this argument being made? There is an obvious double standard. It simply states that: This principle of non-establishment stands to invalidate bans on same sex marriage. They violate the First Amendment's Establishment Clause that requires that government "shall make no law respecting an establishment of religion. Thus, they are unable to see that the state does not concern itself with marriage as a religious institution, but only in its civil aspects. The importance of marriage to society, to families and children, is easily understood without reference to specific religious teachings. Today, the marriage license conveys benefits — Social Security, pension payouts, health insurance, inheritance — from one partner to the other. After all, the Equal Protection Clause, ratified as part of the Fourteenth Amendment in , does not mention the word "gay. Conference of Catholic Bishops justifies their position on grounds that "marriage is a faithful, exclusive and lifelong union between one man and one woman. In the end, the most important stake holder without a voice in this marriage debate is our children, whose wellbeing depends on the preservation of marriage. In their reasoning, since marriage is an institution ordained by God in Eden, it is fundamentally religious. Clearly, we need a better understanding of the separation of church and state, one that actually respects and protects religious freedom. The gay-marriage debate would thus be solved, at least logistically, though not morally or theologically.
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