Dear Ohioprof,
How can it be when there are two opposing views? My previous post disproves this as possible.
Equally one can say no sexual view should be imposed on people. The state must not impose sexual views on people at the expense of religious ones.
The problem is that the state consists of groups of people who hold opposing views. In this case the religious worldview holds that marriage is to be man and woman and the gay and lesbain worldview holds that marriage can be same-sex unions.
Which way is the state to go? Sady in the UK the government has enforced the gay and lesbain wordlview upon society thus overiding the religious worldview.
Sadly also the religious group is bigger than the gay and lesbain group. Its also leading to a total confusion in morals and ethics and even general liguistic confusion.
much of the gay and lesbian argument is however dishonest and misleading as it tries to represent all homosexuals whereas this isnt a 'battle' over people as some homosexuals are Christians.
My argument is that presented with the evidence, the state should not recognise same-sex unions, they are evidently not natural, by God's creation or by nature clearly a man and a woman can conceive and are supposed to raise the children they produce, same-sex unions are just for sexual gratification, that cna be done without assuming marriage.
People have the right to hold opposing views. Holding one's own beliefs, whatever they are, is a very important right, protected by the first amendment to the constitution in the United States.
That does not mean that because someone holds a moral belief, that this belief can be imposed on everyone through the law. If the law violates a constitutionally protected right, then the Supreme Court is likely to strike the law down as unconstitutional.
To illustrate this principle, let's look at the state laws that used to bar inter-racial marriage. The history of those laws, and the Supreme Court ruling on them, demonstrates what I mean. Americans overwhelmingly opposed inter-racial marriage for most of American history. From the 17th century until 1967, they passed and enforced state laws banning so-called "miscegenation," which included both inter-racial sex and inter-racial marriage. The arguments that people made against inter-racial marriage were moral arguments, and people regularly pointed to the Bible to support their opposition to, and laws against, inter-racial marriage.
Then, in 1967, the U.S. Supreme Court struck down Virginia's law banning inter-racial sex and inter-racial marriage. The Court held that the state law was unconstitutional, effectively sweeping away all of the anti-miscegenation laws in other states as well.
Why did the Supreme Court rule that Virginia could not impose such a law on married couples? Because, said the Court, marriage is a fundamental right, and it is protected from state abrogation by the 14th amendment to the U.S. constitution. Therefore, while people have the right personally to oppose inter-racial marriage for whatever reasons they choose, they do not have the right to deny other people the right to marry someone of a different race through state law.
People have the right to believe what they want. People can and many do still oppose inter-racial marriage. People also have the right to try to enact their beliefs into law. But when the laws they enact deny other people rights protected by the U.S. constitution, then the laws they pass are contrary to the constitution and should, and usually will, be struck down by the Supreme Court. I use the example of inter-racial marriage because it so clearly illustrates the constitutional principle at issue.
Here's another example, one that actually is about the rights of gay people. For most of American history, states enacted laws, based on popular beliefs about morality, that barred so-called "sodomy." Different states defined sodomy differently, but many specifically criminalized sexual acts between people of the same sex. Texas was a state with a law that criminalized sexual relations between people of the same sex. In 2003, a same-sex couple from Texas brought a lawsuit to the Supreme Court in which they argued that the Texas sodomy law was unconstitutional. The police had entered the home of the couple and had arrested them for having sexual relations with each other. They were charged with violating the Texas law banning sodomy.
The Supreme Court ruled that the Texas law banning sodomy violated the right of privacy protected by the U.S. constitution, and therefore, the Texas law banning sodomy was struck down. The couple won their case.
Texas had passed the sodomy law because a majority of the state legislature believed that same-sex sexual relations are immoral. The U.S. Supreme Court ruled that Texas could not do that: the state could not criminalize private consensual sexual relations between two adults. That violated their right to privacy. This Supreme Court ruling effectively nullifies laws banning sodomy in every state. People in Texas and in other states have every right to believe that same-sex sexual relations are immoral. They do not have the right to pass laws denying other people the right to have sexual relations, as such relations are constitutionally protected under the right to privacy.
The issue here is protecting the rights of everyone. People have every right to believe that certain practices, whatever they are, are immoral. People have the right to work for the passage of laws to ban practices that they regard as immoral. But people do not have the right, in passing such laws, to deny other people constitutionally protected rights. People also do not have the right to enact laws that specifically advance religious beliefs that have no secular purpose. Such laws violate the establishment clause of the first amendment. The Supreme Court uses a test to determine whether a law violates the establishment clause; it's called the Lemon test, because it was developed in the ruling on the case of Lemon v. Kurtzman. The Supreme Court requires, for a law to be constitutional, that it neither advance nor inhibit religion and that the law have a primarily secular purpose.
These questions of what is constitutional and what is not get pretty complicated. But the Supreme Court tries, in exercising judicial review over state and federal laws, to find a balance between the rights of individuals protected under the constitution and the powers of the states or the federal government to pass laws protecting all the people.