Wouldn’t the ban on gay marriage be a violation of separation of church and state?

January 27, 2013 | By

Question by Angel in Captivity: Wouldn't the ban on gay marriage be a violation of separation of church and state?
I don't understand how they can dictate what the definition of marriage is without including the homosexuals unless it's religiously based. In that case, how would atheists get married? So what about Ellen and the others' that got married in Cali before the ban. Are they invalid now or what?

Best answer:

Answer by Allison, aka Nice Lady
The ban on marriage with children is not religion based. The ban on polygamy is not religion based.

Many who oppose same sex marriage DO use their religion as their primary motivator, but it's not the only reason. It's not a church/state issue.

Hey Valerie you're on top! What an a propos question... come get naked with my husband and I.

Give your answer to this question below!

Sapthapadi (Seven Steps)- Hindu Marriage Vows

Groom: My beloved, our love has become firm by taking the first step together. I will love you and cherish you. I will provide for the welfare and happiness of you and our children. I ask that you promise to share the responsibilities of the home, food and finances. Bride: My lord, you were kind to give me the responsibility of the home, food and finances. I promise that I shall discharge all my responsibilities for the welfare of the household, family and the children. This is my commitment to you. Groom: My beloved, by taking the second step, you have filled my heart with strength and courage. May God protect the household and our children. Bride: My lord, at all times, I shall continue to fill your heart with strength and courage. In your happiness I shall rejoice. I promise that I will always please you with sweet words and take care of the family and our children. In return you shall love me alone as your wife. May God bless you, the household and our children. Groom: My beloved, by taking the third step together, we have invoked God's blessings in helping grow our wealth and prosperity. Together we will educate our children. I will love you and you alone as my wife. This is my commitment and my pledge to you. Bride: My lord, I will love you with single-minded devotion. I will treat all other men as my brothers. This is my commitment and pledge to you. You are my joy and my devotion to you is pure. Groom: My beloved, it is a great blessing that you have walked four ...
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Comments (10)

  1. cougardennis

    why don’t they just crawl back in the closet and leave the rest of us a lone.

  2. wavygravydude

    I think that all those gay marriages just got annulled.

  3. Ashley

    I agree. Whether the bible says whatever or not, the fact is church and state are not supposed to have an effect on one another. No one cared that marriage was a ‘Christian’ thing until gay couples wanted to marry, and then all of a sudden its religious, and sacred and civil unions are for ‘those gays’.

    If thats the case only ‘Christians’ should be able to marry and everyone else should have to have civil unions.

    Or, Holier then Thou people could just pull their heads out of their butts and stop worrying about everyone else. But then they may have to except the reality that no everyone follows the ‘church’ anymore.

    I’m not sure about the validity of the marriages before the ban. Ive looked it up a few times but couldnt find anything specific. They are probably sitting in their offices now trying to figure out how to explain to people ‘Yes we allowed you to get married and spend thousands of dollars on the event, buttt now thats all for nothing, because we’ve banned them. Thank you and have a nice day’

  4. Mrs. Smith

    As a Christian with mothers that are gay.. I dont really understand how they can not allow anyone to get married that wanted too.. as long as they arent trying to marry a very young child or a animal.. They think that people will use gay marriage to get benefits that they shouldnt but straight married people could do that.. who knows.. I think its wrong and the girl saying the smart comments is really immature.. God created all people and knows all things and what other people think dont matter.. I hope that people that got married before the ban didnt get it taken away.. i would hate to marry the person i love and have them take it away from us.. but to be honest i dont know.. im interested to know also

  5. Mr O

    gays are sinners and criminals!

  6. massgolfer0606

    I really don’t know why people confuse this all the time but, Separation of Church and State does not have anything to do with marriage or your own personal choice of religion. I will do my best to explain it clearly.

    Separation of Church and, State simply says they there shall be no “official” or State Religion. In other words the government can’t stand up and say today or tomorrow that the Official Religion of the United States is….(Insert any religion here). The separation of church and state leaves the choice soley up to the individual to choose whichever religion fits their beliefs. If you want to be Catholic be Catholic and, if you want to be Hindu that’s fine too. The government cannot persecute you for choosing your own religion.

    On the gay marriage issue..If a state passes a gay marriage law (ie: California and, Massachusetts) it is up to that state to “redefine” marriage. In most cases, it gets passed based on a spousal benefits basis. For example: I have health insurance at work and, I am legally allowed to cover my wife as part of the benefit package. Gay men are not afforded the same right. They cannot cover their partner no matter how long they have been “together”. So that is what most of the fuss is about. Then there is the tax benfit and, several others as well trust and estate benefits, Power of Attorney Benefits etc.

    The bible says that a marriage is a union between a Man and a Woman which God has made. Hence the traditional wedding vows. I do not agree with “redefining” marriage however I do not think people should be excluded from benefits simply because of sexual orientation either. It has yet to be proven whether or not being gay is a choice or a genetic code. Just because people are gay we should not exclude them from benefits most other Americans receive.

    I personally do not condone homosexuality but, I will not judge people for it either. I may not agree with the lifestyle but, I don’t believe that we should ostrisize gays based soley on sexual preference either. To each his own, I know I wouldn’t want someone telling me what choices I can and can’t “legally” make.

    I hope this helps clarify your thinking a bit. Good Luck..I’ll be interested in the rest of your answers.

  7. Bellavita

    Of course it is. It’s also government interference in our personal lives.

    But apparently some people don’t mind big goverment as long as it’s telling us what to do in the bedroom or the doctor’s office.

  8. mjmayer188

    Marriage is not just religion based, it is also a legal arrangement.

    The purpose is to limit the legal definition of marriage to a man/women relationship. Most heterosexual people want to legally distinguish between marriage, and a gay union even if both arrangements have the same legal standing.

  9. www.spunkist.com

    For all those gay haters, calling them sinner! Have none of you pompous religious ass commit a sin… especially ADULTERY… bad mouthing people, telling a lie! Sinners you are too! So full of crap! Hiding behind religion just cause you are prejudice and fear that the gays can mount to something greater than you are! And didnt your bible say treat others as you would treat your family? And isnt it for “god” to judge and NOT YOU! And “god” created adam and eve… he didnt create marriage! Marriage is manmade. So it can be for anyone.

  10. B. White

    There aren’t any valid arguments for banning gay marriage and yes, banning gay marriage on religious grounds does violate the separation of church and state.

    Marriage is a civil institution which allows spouses many rights that are not available to couples in domestic partnerships or civil unions. All people deserve to have the same government-protected rights whether they are in a life-long committed relationship with a man or a woman. Also, civil unions or domestic partnerships are not sufficient to ensure that people of all sexual orientations are guaranteed the same civil rights. The Supreme Court wisely decided that separate is inherently unequal, thus civil unions/domestic partnerships cannot be equal. The fact that they are separated is a badge of inferiority. Many religions recognize marriage as a religious institution in addition to a civil one. However, churches may choose which couples to marry. Also, straight couples are able to marry in a civil ceremony even if they are not religious. This is because the United States does not have a national religion; there is a separation of church and state.

    Unfortunately, the marriages in California may be invalidated. I look forward to the day when we all are ensured equal rights regardless of sexual orientation.