So, not that I want to bring this up but I feel its only fair. There is this ongoing issue about the first amendment and how it pertains to gay marriage. Gay couples are saying it isn’t fair to not let them marry because someone else’s religion is against it. Then there are the religious people who say why are you forcing us to observe your marriage. So why don’t we dive into this a pick the first amendment apart and see what is really happening between these two. So here is how the first amendment reads. By the end of this, you will see why states are overturning gay marriage bans. You’ll pretty much see it in the breakdown of the first amendment.
“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.”
Ok so there you have it. Seems pretty up front and basic. Not quite so. The folks who are against gay marriage, mainly conservatives, think otherwise.
“Congress shall make no law respecting an establishment of religion.”
Though many conservatives seem to believe that the Tenth Amendment (states’ rights) gives them the right to run each Republican controlled state like a theocracy. Just one slight problem: The states’ rights argument still doesn’t give a state the right to violate any American’s Constitutional rights.
States’ rights allow states like Colorado and Washington to legalize marijuana, even though it’s still illegal federally, because those laws don’t violate anyone’s Constitutional rights. It’s why laws banning gay marriage are being overturned. Those laws do violate the Constitutional rights of Americans. So while the First Amendment doesn’t literally say “freedom of religion,” it’s impossible for Americans to be free from established religious rule (as per our First Amendment) if states are allowed to pass laws based on religion.
As for the “free exercise thereof,” that clearly pertains to what Americans do in their private lives. Because how can someone forcibly exercise their religious views on someone who doesn’t share those beliefs, while still allowing the individual on which they’re trying to force their views to enjoy their freedom of (or from) religion?
It’s simple, they can’t. By forcing someone to adhere to laws based on a religion they do not follow, they immediately violate that person’s First Amendment rights. Even if a state passes such a law. Which is why it’s unconstitutional (though states continue to do it anyway) for states to pass laws which violate an American’s Constitutional rights. This is really not that complicated. Just follow one simple rule: If even one person who doesn’t subscribe to your religion is forced to follow a law based on your religion, it’s unconstitutional.
It’s that simple. If gay marriage is legal, how does that affect you? How does it affect your religion? It doesn’t. If you believe gay marriage is wrong, don’t go have a gay marriage. Don’t go to gay marriages. Do you really think that if a gay couple gets married that you are going to hell because of it? Does that make you, what you would call a sinner? To be honest, a human should be able to marry another human. If one person isn’t allowed to marry another person, then no one should be able to get married. Stop bullying people by breaking out your religious beliefs.