What is the name of your state (only U.S. law)? MN
My inquiry concerns the separation of church and state with regard to marriage law. Why, might I ask, is marriage not a SOCAS violation? To augment this, politicians will, when confronted with the question of the legalization of homosexual marriage, argue that marriage is defined within the religion. This may be true, and that is good. However, why will the state then embrace this (give preference to the church) and develop law governing such contracts if they really do feel government has no place in religion?
Here are Annotations from Cornell, scroll down to Establishment.
Annotated Constitution (amdt1a) TOC
The Doctrine of seperation is not always clear, as some facts clearly entwine.
Marriage falls under a purview of the state, generally citing the 10th Amendment to the US Constitution.
The courts do not define gay marriage as a moral issue and the ruling just handed down from the San Fransisco Federal Judge stated such bans on homosexual marriage violate the 14th Amendment's Equal Protection and Due Process Clauses. Clearly in contrast to US SC precedent, but an appeal is expected.
On a side note in the Landmark,
Loving v. Virginia case, 1967, the US SC ruled that such interracial marriage bans violate the 14th AM.
I cite Loving because the criminal trial Judge, as it was a criminal offense in VA, opined this:
.....Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And, but for the interference with his arrangement, there would be no cause for such marriage. The fact that he separated the races shows that he did not intend for the races to mix....
Clearly HE made it a Moral one.