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Hi! If you're watching this, you've probably heard that the Supreme Court will hear cases challenging part of
the Defense of Marriage Act and California's Proposition 8 this coming year.
Looking at the facts, I believe there's only one way for the Justices to rule on this that
is in keeping with both secular and religious law:
same sex marriages must be permitted and recognized by the government.
It may seem a little odd to claim that for religious law, but indulge me while I explain.
First, it creates a gender inequality on the individual basis. Your true love can
only be your legal spouse if they happen to be a specific sex.
The Fourteenth Amendment forbids states from
passing laws "which shall abridge the privileges or immunities of citizens",
so if heterosexual citizens are permitted to marry, homosexual citizens are
constitutionally guaranteed that same right.
As there is no secular reason to prohibit homosexual marriage,
the laws are clearly motivated by religious concerns.
But religions are not united on the stance that homosexuality is taboo;
a good number make no mention of it,
and apparently Hinduism takes quite a positive view on same-sex relations.
The laws clearly advance a certain sub-section of religions above other
religions and above non-religion.
This makes the law violation
of the First Amendment, not only for the LGBT community, but also for those
who do not subscribe to a religion that disapproves of homosexuality.
All federal officials required to take the Constitutional Oath,
an oath before whatever higher power one acknowledges to "support and defend the
Constitution of the United States [against] all enemies, foreign and domestic".
The Justices themselves take another oath to "faithfully and
impartially discharge and perform all the duties incumbent upon [them]
under the Constitution and laws of the United
States". Note that both of these oaths are, first and foremost,
to support the Constitution.
Oaths are generally binding in religions,
even those that forbid them. So if you have
a sworn binding oath to defend the Constitution,
which in turn requires you to avoid advancing any religious option above any other,
it actually ends up being a sin to support Proposition 8 and DOMA.
The Supreme Court has both a secular and religious mandate to support same-sex marriage,
and there's really no other way to go with it.
Well, thank you for listening!