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View Diary: Marriage Equality Bans violate the Establishment Clause (24 comments)

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  •  Equal protection clause, yes, (10+ / 0-)

    due process clause, probable.  But as far as the Establishment clause goes, it looks at objective results, not the subjective motives behind a particular bill.  Gays and lesbians who are Christian are just as discriminated against by anti-marriage bills as those who aren't.

    The study of law was certainly a strange discipline. -- Yukio Mishima

    by Loge on Tue May 01, 2012 at 12:17:23 PM PDT

    •  this. (1+ / 0-)
      Recommended by:

      The question isn't "was the bill motivated by religious belief," but "is it logically possible that the bill could be supported by someone that doesn't share the particular religious belief."  And, of course, the answer is "sure."  You don't have to be this particular brand of evangelical to hate gays.  There are homophobic catholics, muslims, and probably some atheists.

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