- Feb 5, 2002
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Is it unconstitutional for laws to be based on their supporters religiously founded moral beliefs? While most of usat least most readers of this blogwould consider such a question to be absurd, some people apparently think it should be answered in the affirmative.
Continued- http://blog.acton.org/archives/30480-it-is-unconstitutional-for-laws-to-be-based-on-religiously-influenced-moral-reasons.html
Fortunately, legal scholar Eugene Volokh has provided a brilliant rebuttal which explains why it would be an outrageous discrimination against religious believers to have such a constitutional rule:
My most recent brush with the argument happened with regard to rules against recognizing same-sex marriage, but others have raised the same argument as to cloning bans, abortion bans, and the like: Isnt it illegitimate for the government to ban cloning, or fail to recognize same-sex marriages, when most of the arguments for that position are essentially religious? Isnt that an unconstitutional violation of the separation of church and state, or at least a violation of some democratic norm that people ought not force their religious views on others?
Continued- http://blog.acton.org/archives/30480-it-is-unconstitutional-for-laws-to-be-based-on-religiously-influenced-moral-reasons.html