Wisconsin -- Groups say state’s gay-marriage ban establishes religion

[theHandpuppet]

https://www.abpnews.com/culture/social-issues/item/29071-groups-say-state-s-gay-marriage-ban-establishes-religion
apbNewsHerald
Tuesday, August 12, 2014 Social Issues
Groups say state’s gay-marriage ban establishes religion
Americans United for Separation of Church and State and its allies have asked a federal appeals court to uphold a lower court’s ruling that struck down Wisconsin’s same-sex marriage ban.
By Bob Allen

Two dozen religious and public policy groups filed a legal brief Aug. 11 arguing that Wisconsin’s ban on same-sex marriage violates the constitutionally mandated separation of church and state.

Groups including Americans United for Separation of Church and State, Interfaith Alliance Foundation and Metropolitan Community Churches claimed the state’s 2006 voter-approved constitutional amendment recognizing marriage as only between a man and a woman was intended to impose a particular religious view of marriage on everyone — including liberal Christians, Jewish groups and other faith traditions holding more inclusive views.

The brief recognizes that religious belief can play an important role in how people vote on matters of public policy, but it points out that courts have ruled that, in order to be constitutional, laws must have a primary purpose that is secular and that bigotry, even if religiously motivated, is no basis for denying a civil right.

It notes that many of the groups that supported the marriage amendment, including the Family Research Institute of Wisconsin, appealed to biblical law. While many faith groups, such as the Catholic Church and the Church of Jesus Christ of Latter-day Saints, oppose marriage equality as part of their official doctrines, it says, others, like the United Church of Christ and the Unitarian Universalist Association, believe that committed same-sex relationships are not inherently sinful.... MORE at link provided above.

[longship]

1. An interesting take on this.

If they can demonstrate the law has a non-secular purpose the act would fail one prong of the Lemon test. Just another arrow in the quiver against these horrible laws.

Worth following this tact.

[cheyanne]

2. What is the principal behind the separation of church and state?

In the past, it’s been looked at primarily as forbidding the government from promoting one religion against another or establishing a national religion. This is a narrow view of what this wider freedom of religion means. The basic value on which this right exists is the right of an individual to not have his behavior constrained by the religious beliefs of others.

This value is the bedrock of democracy.

In a democracy people can belief anything that they want. However, they cannot do everything that they want, even if it based on their religious views. The stopping point is an attempt to constrain an individual’s behavior either by governmental agency, coercion, intimidation or violence.

Democracy works because it is a political system that is religiously neutral. By the supreme court even thinking the question "How can the government constrain its behavior or other people's lawful behavior in response to a religious belief?" , they have opened a whole can of worms.

[pinto]

4. A key is the prohition on legislating a religious standard into law.

That is in essence establishing religion, even if it's done piecemeal.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[One_Life_To_Give]

9. Fear of the Church of New England

Not the only one but perhaps the most powerful at the time the constitution was written. The vote would still be denied to religious minorities within it's area of dominance for several more years. Some of our ancestors were real big on Religious Freedom, menaning the Freedom to force everyone else to believe as they did.

And just as curious their successors are looking to file suit under the first amendment for being denied the right to perform same sex marriages. http://www.ucc.org/ido/

[MNBrewer]

3. It certainly establishes ONE religious viewpoint as law

and relegates all other viewpoints to extralegal status.

[nomorenomore08]

7. Exactly. It discriminates against churches (like the UCC) who wish to marry same-sex couples. n/t

[MNBrewer]

8. as well as people who hold no religious viewpoint that such discrimination is mandated.

[closeupready]

5. Yep. It's also institutionalized gender discrimination.

[nomorenomore08]

6. Good for them. I'm surprised this argument hasn't been invoked more frequently. n/t