Government has preempted the field.
stuh505 wrote:freedom and respect for privacy are of the utmost concern. as long as people arent hurting other people they should be allowed to live their lives as they see fit. the government should not view gays differently than non-gays. BUT marriage is originally a christian tradition and the government also cant take away the the right for christians and their litle club to make up whatever rules they want about whos allowed into the tree fort.
No BUT's about it. See the First Amendment: Separation of church and state.
Any possible religious origins of the institution of marriage has no relevance in a country that separates church from state. Regardless, the state (the government) has preempted the field of domestic relations. No one can get married without a marriage license issued by the state. All marriages must be sanctioned by the state or they don't exist in the eyes of the law.
Whether any particular religion sanctions gay marriages is not relevant. No one is depriving any member of any religion from maintaining his or her own beliefs. No religious sect determines who may or may not be granted a marriage license. That is the exclusive province of the state and the state is engaging in discrimination, pure and simple.
The road blocks in this country that prevent same-sex couples from getting married are unconstitutional state laws that oppress same-sex couples, interfere in their private decisions concerning their own lives, and deprive them of equal protection in violation of the Fourteenth Amendment.
Even if we apply an extremely deferential rational basis test to the application of laws that deny same-sex couples the right to marry, there is no rational basis for the discrimination.
If a state attempts to justify the discriminating law by claiming most people are against same-sex marriages for moral or religious reasons, e.g., a marriage cannot be acknowledged unless sanctioned by "God," this rationalization fails under the First Amendment. God has nothing to do with the issue of whether the state will grant you a license or not. The constitution requires separation of church and state.
If a state attempts to justify the law by claiming that marriage is an institution created for procreation of the human species, that argument also fails under the rational basis test because no one is required to procreate as a prerequisite to obtaining a marriage license.
Laws that deny same-sex couples the right to marry (when the right is granted to other couples) are unconstitutional.
People can get their shorts in a bunch over the issue and the U.S. Supreme Court might be too chicken-**** to decide the issue in this century--but sooner or later--same-sex couples will be allowed to get married.
At that point in time, most people will accept that same-sex couples have the right to marry just like everyone else (just like people were forced to accept that blacks and whites have the right to marry each other). However, they will have their shorts in a bunch over some other issue.
That's life.