Dear CCJ:
You could also say the same of LIBERALS.
When LIBERALS push for "separation of church and state"
when it suits their agenda.
But in the case of gay marriage crossing the line and imposing a church function
of marriage on the state, suddenly LIBERALS WANT to mix church and state functions.
Why is that?
Can you tell me how "gay marriage" respects "separation of church and state"?
No, one could not also say the same of ‘liberals.’
‘Liberals’ correctly understand that the Constitution exists only in the context of its case law, and they respect and follow that case law, including that of First Amendment jurisprudence, which maintains there is indeed to be a separation of church and state, where the case law in no way disadvantages religious expression.
‘Liberals’ aren’t ‘pushing’ for anything, nor do they have an ‘agenda,’ save that of ensuring subjective religious dogma not be codified in secular law, in accordance with the Framers’ wishes.
Take, for example, the case of
Lee v. Weisman (1992), invalidating a school policy authorizing prayer during graduation ceremonies, which the Supreme Court correctly found to be in violation of the Establishment Clause of the First Amendment. This ruling was predicated on long-standing Establishment Clause jurisprudence, exhaustively reviewed by the courts in an objective, factual manner, and decided having nothing to do with a ‘liberal agenda.’
Moreover, the ruling in no way ‘violated’ religious expression, where theists are at liberty to pray, provided it not be at the behest of the state.
Otherwise, your question with regard to ‘gay marriage’ and the Constitution’s requirement that church and state remain separate makes no sense.
First, there is no such thing as ‘gay marriage,’ there is only marriage law, as written by the states and administered by state courts; this is the same law afforded to both same- and opposite-sex couples, as both are eligible to enter into marriage contracts.
Second, the issue has nothing to do with the First AmendmentÂ’s Religion Clauses, as this is a 5th and 14th Amendment issue pertaining to the right to due process and equal protection of the laws, in this case equal access to marriage law.
Last, that theists perceive some sort to religious aspect to the issue is legally and Constitutionally irrelevant, as religious dogma has no bearing on the issue. Federal courts recognizing the equal protection rights of same-sex couples to access marriage law is based on 14th Amendment jurisprudence in the context of substantive due process, where the state has failed to establish a rational, compelling reason to deny same-sex couples access to marriage law pursuant to a proper legislative end. Indeed, to seek to deny same-sex couples access to marriage law predicated on religious dogma is un-Constitutional because it is not rational, it lacks objective facts and evidence in support, and it fails to pursue a proper legislative end.
A ‘religious objection’ to affording same sex couples access to marriage law is mere demagoguery on the part of the social right, realizing they’ve long ago lost the legal argument.
