Can I claim that denying gay marriage is unconstitutional?

E

Eiane

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(My answer to a girl who asked if not allowing gay marriage is discrimination.)

"Yes. Christians like to say marriage is religious. Yet, if that were the case then atheists couldn't marry, muslims couldn't marry, etc."

"Since marriage is a LEGAL thing, then marriage between 2 adults of the same sex should be allowed. Denying that, and making it illegal because it's the Christians god's will is unconstitutional because that implies America is and can be a theocracy. Who is to say they won't change anything else? Whats stopping them?"


Also, how strong of an argument did I make? I thought I did really good, I surprised myself.
 
By that logic, I should be able to apply for funding appropriated for teenage mothers. And I like it!

The constitution doesn't expressly protect gay marriage, however court rulings like to squeeze crap out. Time will tell.
 
It isn't in the constitution. And what makes people think marriage is exclusively a Christian thing?
 
Only if you can find a part of the Constitution that says gay marriage is allowed.

@Boris- If the constitution doesn't guarantee gay marriage then it's no unconstitutional to ban it. I mean in order to be unconstitutional you have to be banning something the Consitutition gives us.

@OO- To stop someone from breathing would be murder and the law doesn't protect murderers like you.
 
You can either argue from the perspective of the 14th amendment that they are denying equal protection under the law to marry whom they please (but with the lack of ERA, this argument is weaker than the second) or you can argue from the perspective of the 1st amendment that recognition of marriage is establishment of religion since marriage is indeed a religious concept.
 
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