Isn't that a clear violation of separation between church and state? If I church wants or doesn't want to allow equal marriage I thought the state can't be involved, it can only effect who gets a license?

longship

(40,416 posts)

2. Whoa! The GOP is afeared of teh gay!

Reply to HillWilliam (Original post)

Tue Jul 9, 2013, 12:07 PM

Jul 2013

Neither passes constitutional muster, of course. The second fails the Lemon Test on top of that.

The Court's decision in this case established the "Lemon test", which details the requirements for legislation concerning religion. It consists of three prongs:

1. The government's action must have a secular legislative purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive government entanglement" with religion.

If any of these three prongs are violated, the government's action is deemed unconstitutional under the Establishment Clause of the First Amendment to the United States Constitution.

Proud Public Servant

(2,097 posts)

3. I've never understood

Reply to HillWilliam (Original post)

Tue Jul 9, 2013, 12:07 PM

Jul 2013

How a state can be east of the Mississippi and north of the Ohio and still be that shitty. I grew up next door, and I've spent my life puzzling over that question to no avail.

TRoN33

(769 posts)

8. Actually, Indiana is...

Reply to Proud Public Servant (Reply #3)

Tue Jul 9, 2013, 01:54 PM

Jul 2013

East of Ohio. Yeah, I know what you means, the handling of everyday lives by the GOP in Indiana are the worst in northern states and part of rust belt states.

Proud Public Servant

(2,097 posts)

10. No, I said "The Ohio"

Reply to TRoN33 (Reply #8)

Tue Jul 9, 2013, 03:15 PM

Jul 2013

As in Indiana's southern border, which it is (by definition) north of.

firenewt

(298 posts)

9. I've lived in Indiana all my 60 years. The state truly sucks and the people seem to like it that

Reply to Proud Public Servant (Reply #3)

Tue Jul 9, 2013, 02:23 PM

Jul 2013

way. It seems the citizens dislike themselves so much they elect pols who punish them with
regressive laws and programs. Also, it doesn't help that fundamental Christians set the tone for the entire state. HELP, I'm stuck here due to my health. I hate to think dying may be my only way out.

AndyA

(16,993 posts)

4. Not all of the crazy people are in the south

Reply to HillWilliam (Original post)

Tue Jul 9, 2013, 01:01 PM

Jul 2013

Indiana has its share too, it seems. Like that crazy woman and her trashy boyfriend who blew up their entire neighborhood last year, killing two neighbors in the process.

Looks like some of the crazies are in the Indiana legislature. Crazy people vote for crazy people, I guess.

Hopefully all this crap the GOP-controlled states are defecating upon society is getting noticed by those independent voters as well as those who normally don't vote. Perhaps it will wake them up enough to get out in droves and vote these GOP goons out of office for once and for all. As bad as all of this is, with every abusive new bill that passes, more and more people are hearing about the dirty deeds of the GOP. Hopefully, they'll be mad enough to do something about it when it comes time to vote.

Elections have consequences, as a former Speaker of the House said so eloquently...

Warpy

(111,267 posts)

5. No, a lot of them started to move to Indiana

Reply to AndyA (Reply #4)

Tue Jul 9, 2013, 01:25 PM

Jul 2013

starting in the 1920s. My dad grew up there and said the three "Rs" taught in Appalachia were reading, writing, and the road to Indiana. They brought the Klan with them.

However, these laws are not likely to stand. Not only do the violate the equal treatment clause, they also violate the strict separation of church and state by trying to limit the clergy.

lawwolf

(58 posts)

6. I agree that the second law won't stand

Reply to Warpy (Reply #5)

Tue Jul 9, 2013, 01:39 PM

Jul 2013

as a violation of the 1st amendment. I think the article is misleading as to the first law and it will stand. It wasn't a law passed to attack gay marriage. The article itself says that it has been a felony in Indiana to lie on a marriage license. Those lies can include anything from age to relationship between the parties to consent from a parent for a minor to marry and what ever other questions are asked (I filled mine out years ago and don't remember all of the information it asks for). It is a stretch to say it makes it a felony for same sex couples to apply for a license simply because it has boxes listed as male applicant and female applicant. It is a paper application, scratch out the incorrect term, write in the correct one and your done. No lie= No felony.