Making laws that say marriage should be between "one man and one woman" is unconstitutional. The first amendment protects the people from and prohibits the government making laws respecting any religion.
sunflowerpet sunflowerpet
22-25, F
2 Responses Aug 20, 2014

It's not a religion thing it's about "sanctity of marriage" people believe that gay people getting married somehow ruins marriage for them. There isn't an amendment that says anything about sexual orientation.

What about the belief in a polygamous marriage that some Christians and Muslims and have? The government cannot make laws respecting one religion and creating marriage laws restricted it to one man and one woman is unconstitutional.

Wait polygamy is illegal too. Polygamy was a big deal for mormons, still is for some. The government cannot stop you from practicing your religion or favor one over the others unless they decide your practices are too dangerous. Is religion one of the reasons gay marriage is illegal? Yeah. Are there other reasons which law makers point too? Absolutely. You can't prove that the reason these laws were made was too appease Catholics.

I know polygamy is illegal. That's exactly what I'm saying. The laws that state marriage is only legal for "ONE MAN and ONE WOMAN" IS unconstitutional.

Laws that state marriage is only legal for one man and one woman is unconstitutional because it is a religious belief and not all people or religions believe in that. Some religions belief in multiple wives (or husbands?) and some people believe man should be with a man or a woman if he chooses. The government cannot make laws respecting a religion under the first amendment. I feel like I'm just repeating myself!

It would be totally unconstitutional for congress to pass a law saying "the bible says gay is bad so gay marriage is not allowed". That isn't what happened.

Yes obviously

Yes obviously

The first amendment.

Smh. I am clearly not doing a good job explaining. If you look at the Supreme Court decision where they "legalized" same sex marriage it does not mention the first amendment; the majority opinion talks all about the 5th amendment. DOMA does not reference the bible or religion. It's a 5th amendment thing.

I'm not doing a good job explaining either. I'm not talking about specific laws restricting gay marriage. I'm talking about laws stating marriage is to be between one man and one woman.

The first amendment does not say "if a religion believes something the government cannot agree even if they agree for entirely different reasons" it does not matter that religion addresses marriage. The laws are not based on religion so they do not violate the 1st amendment. The laws are based on sanctity of marriage and protecting children not the bible. The law is not about religion it is about marriage. One of the 10 commandments says that "thou shalt not kill". The government also says that murder is not allowed. This is the same thing as the bible saying it is "a man shall not lay with another man" and the government saying marriage is only between a man and a woman. The first amendment protects freedom to believe and practice what you want. If a religion believes men marrying each other is sacred. That would be a 1st amendment thing.

Where does the sanctity of marriage between a man and woman come from? There hasn't always been marriage or the marriage that we know today. The first amendment protects the freedom to believe and practice what you want and always restricts the government from making laws respecting any religion. I argue that it IS a religious thing. It comes from religious roots and we as a society still accept it.

That's a valid argument. You believe that while they say **** like "gay people don't know how to parent children. There beliefs are rooted in religion. They do have other reasons they can point to so it is unlikely that the laws will be overturned on that basis.

Religion may have founded the idea of marriage, but marriage as a legal right and marriage as a religious practice are two different things entirely. One is a certificate that states you are spending your life with a person who you share everything with. It is "legal" protections. The other is something that is spiritual, the ceremony itself. People confuse these as the same thing, but the truth of the matter is that marriage is whatever you want it to be. The government only recognizes the two person marriage because adding more people would cause tax and other legal headaches to arise. The simple fact of the matter is that government should honestly not recognize any marriages. The marriage certificate in itself is the only thing that truly affects your legal standing in the United States. You can be married in a church, but without that paper you are not married in America. It also goes in the other direction. A church does not have to recognize a certificate of marriage if they don't want to. This is most common in second marriages since Catholics don't believe in divorce. Governments don't really have a problem with gay marriage because it still fits the definition whereas polygamy is not the same thing. A man in the Mormon faith will take on his brother's wife and family as his own in order to provide for them if his brother is no longer able. Brother in this regard means anything from friend to religious sect member to actual brother. That is why it is not a real marriage and that whole "problem" with polygamy thing came from a cult that had 50 year old men married to and having sex with 13 year olds. That is illegal because it is against age of consent. Most arabic cultures also frown on polygamy. Polygamists are a very minor portion of the world population whereas the LGBTQ population is much larger. It's a numbers game that divides them. The arguments for the two are also very different and as such cannot be argued together. Gay rights were things like filing jointly on tax forms and the like and the reason marriage existed in the eyes of the law was to make a streamlined process to do so. It made absolutely no sense to separate the two.

Then why is gay marriage still illegal if the government has no issue?

It isn't.

Gay marriage is 100% legal in the United States. The federal government no longer recognizes the difference between civil unions and marriage. State by state, the gay marriage bans are being erased due to court appeals, but states are forced to recognize the rights of same sex couples in this regard because it is legal by federal standards. Frankly, your state may not allow it, but others do, and as long as it is legal in some states, by federal law, it is legal every state. The fight now is to get those stubborn states to fall in line and allow the proceedings to occur.

14 More Responses

How come the other opinion on this topic doesn't have a group?


Like the people who don't agree with gay marriage... How come we don't have a group? I know it's not your fault but I was just wonderin if you know if there is a group for us on EP... 😕

I think there might be one under something else like "I believe marriage is sacred" or "I am a conservative Christian"

Okay thanks!!!

You can make one.

Nah I found one ;) But I was just wondering because yeah... It's like y'all have a nice sized group and for the other half it's like nothing :P ah well!

Well here on ep you can make any group you want

4 More Responses