sorry that was atypo i meant to say georgia not russia.
Ok first of all where in the constitution does it say there is a seperation of church and state? The first amendment, the only part anywhere in the constitution that pertains to any form of religion whatsoever, says: "Congress shall make no law respecting an
ESTABLISHMENT of religion or prohibiting the free exercise thereof."
This means that our government cannot pass laws that establish a national religion or make laws that specifically intend on preferring one ESTABLISHED religion over another. What congress is allowed to do is pass laws that uphold moral values held by the majority of the people. It just so happens that the vast majority of americans are also christians. Moreover, it doesn't infringe on anyone's established religion. In fact, all established religions condemn gay marriage to one degree or another. So to appeal the gay marriage ban actually infringes on the livelyhood and lifestyle of practicing christians and jews. Thus that law would infringe on the free exercise of an ESTABLISHED religion.
The reason gay marriage would affect our fundamental government is a very sophisticated issue im not sure you could grasp without first reading the constitution. Article four is the article that pertains to the powers of the states. In it is the Faith and Credibility clause. The reason this cannot be left to the states is because marriage is a law that falls under the Faith and Credibility clause. IE if i get married in nebraska, im still married even if i move to alaska. I don't need to remarry in alaska. Thus if one state makes it legal, it pretty much makes it legal for the rest of the states. Now, Bill Clinton proposed and congress passed the Defense of Marriage Act in 1996. it states: No
state (or other
political subdivision within the United States)
need treat a relationship between persons of the same sex as a
marriage, even if the relationship is considered a marriage in another
state. The
Federal Government may not treat same-sex relationships as marriages for any purpose, even if concluded or recognized by one of the states. This is a clear contradiction to article 4 of the constitution. On one hand you have the vast majority of people who want to define marriage, the term marriage, as a sacred union between husband and wife and on the other hand people want lifestyle tolerance. People want marriage to be a state right yet the act of marriage is not contained within the sovereign borders of a single state. It is a very large dilemma over states vs federal rights and how power is balanced. Do we want larger federal governments or should we simply take marriage away from states?
If you choose to uphold the gay marriage ban than it is simply one act overriding a single states' law. Seeing as how the constitution and laws passed by congress are the Supreme Law of the Land, I see no problem with it.
If you choose to abolish it, then you must also ammend Article 4 of the constitution and essentially eliminate the Faith and Credibility clause and states would gain seperation. It would probably never pass seeing as how ammendments take a really, really long time to pass.
