Gay Marriage

[Tal]

Tradition
You then attempt to use the First Amendment argument to justify secularity, while the converse of that argument is the reality.  The state shall impose no law restricting the practice of religion.  In effect the attempt by the state to define marriage is contrary to the First Amendment.

Actually what the government enforces is the marriage contract (that license that a clergy signs after the wedding takes place in a church). You can be just as married through another sanctioned office, such as Justice of the Peace, Internet Ordained minister, judge, even Captain of a ship as you would if you got married in a church. In essence what the Government is legislating is who may apply for a marriage license and who may not. This in itself brings up its own problems as that goes contrary to the prevailing doctrine of citizens being equal in the eyes of the law. Where the Legislators go wrong is dragging religion into the topic. ;)

I'm thinking that this question will actually play out in the Supreme Court after a state makes a law declaring marriages between gays illegal. I then expect someone will sue under Amendment XIV of the Bill of Rights. That is of course if the Federals don't pass their own amendment. I expect that will also be challenged as unconstitutional under Amendment XIV. ;)