How would not legalizing gay marriage be a violation of the separation of Church and State?

Roshelle: How would not legalizing gay marriage be a violation of the separation of Church and State?
I am doing a paper for school and I am a bit confused on the subject of gay marriage.
Would the separation of church and state be violated if gay marriage became legal or remained illegal? Can someone also give me valid reasons as to why gay marriage should be legalized?

I am not pro gay marriage or anti gay marriage and I do mean to offend anyone with this question.

Answers and Views:

Answer by Henry K
To most rational people, the legalization or banning of gay marriage would not necessarily have anything to do with religion.

Answer by Billy Blaze
A policy cannot have religion as its only basis. The only arguments against gay marriage are that it makes God sad. Because there are no valid, non-religious arguments AGAINST gay marriage, and because the ban denies gays equal protection of the law, the ban has no rational basis and should be abolished.

Some people claim that legalizing gay marriage would violated the separation of church and state. These people are imbeciles.

Answer by WATCH DOG
It has nothing to do with separation of church and state but here are some pros and cons.
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BalancedPolitics.org – Same Sex Marriages (Pros & Cons …
… and balanced discussion of controversial social and policital issues (pros and cons) … Thus, if one state allows a gay marriage and that couple moves to another state …
www.balancedpolitics.org/same_sex_marriages.htm – Cached
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Gay Marriage: Pros and Cons
Home Page > News and Society > Politics > Gay Marriage: Pros and Cons
www.articlesbase.com/politics-articles/gay-marriage-pros… – Cached
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The Pros and Cons of Gay Marriage
[Oct 5, 2007] Global Warming Problem Solved; Gay Marriage to Blame 10 Tips Regarding the Pros and Cons of Being Your Own Boss Pros and Cons of Starting a Business with a Friend … ~ by Ava McKinnon ( 226 comments )
www.associatedcontent.com/article/401688/the_pros_and… – Cached
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Gay Marriage Debate – Pros & Cons of Same Sex Marriage
Know the pros and cons of same sex marriage that are being cited in the gay marriage debate. Learn the rights of gay couples in California, New York, and Hawaii.
www.loveandpride.com/InformationCenter/Tips.aspx?… – Cached
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Same-Sex Marriage Pros and Cons – Free Legal Information – Nolo
Same-Sex Marriage Pros and Cons Same-sex marriage facts to help you decide whether it’s for … A Legal Guide for Lesbian & Gay Couples, by Denis Clifford, Frederick Hertz …
www.nolo.com/legal-encyclopedia/article-30219.html – Cached

Answer by hiztreebuff
Legalized gay marriage means the legal recognition of their marriage. It does not force any religion to perform the act nor penalize any religion from deciding not to. People get married by judges all the time, not everyone has a religious ceremony.

Gay marriage should be legal because of the 14th Amendment that provides “equal protection under the law”. If the government is going to pass laws benefiting the married status (taxes for example) that same law can not exclude others by refusing them the right to me married.

Answer by Mike
It becomes an issue if the State forces religions to marry gay couples. The State cannot outright say they must marry them, but churches may be subject to discrimination laws if they don’t. The only way to sidestep the discrimination issue is to define it differently from religious marriage. State marriage and religious marriage are different. One is a union under God and the other is a union by the State. Religious marriage was around long before the U.S. was founded. The State only gave it recognition under its laws. The State cannot take away or give what is recognized by God.

Answer by Smooth T
Simply put, there is no real legal reasons why gay marriage shouldn’t be legalized. Simply, equal protection under the law means the same protections for all families. Now, how could separation of church and state be violated if gay marriages were legalized? It wouldn’t all states who allow gay marriages allow all churches to discriminate and say: No, we don’t believe that same sex marriages are right and therefore we will not perform this. I see nothing wrong with this as many couples already know the churches that will marry them and which one will not

No, it would not. Since marriage is a basic civil right, it should be exercised by all men and women, gay and straight. Every marriage case that has been argued in front of The Supreme Court has been told in reply that marriage is a basic civil right.