So atheists can't get married, Allie?
bodecea anyone can get married under their own terms in private.
if marriages are going to be in public laws, then all people in that state need to agree on the terms of marriage or write the laws neutrally to avoid conflict. or else keep marriage private if people can't agree on public policies.
The process working its way through the courts is to determine this common meaning. A meaning consistent with constitutional guarantees.
Skylar if the lawyers didn't argue in Court the ACA mandates violated Constitutional beliefs
and discriminated against creed, and they don't defend BOTH beliefs equally on both sides of the marriage issues,
then this isn't even being addressed. So of course the Courts keep taking one side over the other
and not addressing the fact that both are equally protected beliefs.
What is the 'other side' of the marriage issue that the court isn't addressing?
Beliefs for and against same sex marriage are not treated as equally protected beliefs or creeds.
Um, belief in gay marriage isn't protected. Not legally. Nor is opposition to gay marriage. On the issue of beliefs, the law doesn't have anything to say.
You can believe whatever you want. Now, your ACTIONS are most definitely in the realm of regulation.
If they were, there would have to be a consensus on how laws are written to make sure they
are neutral and/or equally inclusive and don't offend or discriminate against anyone's beliefs.
That assumes that your belief on someone else's rights is of equal value as their rights. And that's not the case. Your beliefs are personal. They're your opinion. They aren't the basis of someone ELSE's rights. Nor do they limit what rights someone else can exercise.
Rights trump opinions.
If conflicting parties are still fighting legally and going to court, that means the law was not written neutrally.
No it doesn't. That means that two different parties interpret something differently or have different priorities. The winner in the one whose interpretations most closely align with law and precedent. And precedent isn't neutral nor was it ever meant to be.
The entire concept of stare decisis is that current rulings are based on previous rulings. That's not neutral. The idea that no ruling can be influenced by....well....anything that came before it is uselessly unstable. As we could never have a reasonably good idea of the boundaries of the law or the penalties for crossing those boundaries.
Jaywalking could be randomly legal, or carry years in prison....depending on the judge. Abortion could be a constitutionally protected right one day. And capital murder the next. No system of law could operate in this fashion as its too unpredictable and arbitrary. Law requires a ruling authority to break ties or settle disagreements. And a body of law for that ruling authority to draw precedent. Reliability, predictability, and consistency are necessary.
And none of those things are 'neutral'. But well established ahead of time by design.
If I were a judge, I would order the parties in that state to rewrite the laws, mediating all conflicts and resolving all objections, until there is a consensus so it can pass and protect represent and include all beliefs equally.
That's a horrible idea. If someone doesn't want to compromise their rights, what then?
Nor are all beliefs equally valid. If someone believed that say, the earth was flat.....should we take their beliefs that any ship that goes past the horizon will fall off the planet into account when determining maritime law? If someone believes that your home belongs to them and you disagree, do you have to 'come to a consensus' of how much of your home belongs to them now? If a man believes that he should be able to have sex with you...and you disagree, do you 'come to a consensus' on how often he gets to sleep with you?
No.
It wildly empowers any belief, no matter how void of reason or evidence. In fact, it encourages outrageous beliefs, as the more unreasonable and extreme your belief, the more someone has to give up to 'come to a consensus' with you.
Worse, there's way more than 2 parties. There are millions of them. And if by mere belief, you get to rewrite the law, then the law will change several times a day. Nor will the law have any particular meaning. As no matter what it says now, you and another party will be empowered to change it whenever you please.
Its a wildly unstable system. It simply wouldn't work.