A new thought on the gay marriage fight

[Roosesvelte]

I'm not sure if this has been tried or suggested. Any insight would be welcome. Several religions recognize the sanctity and validity of gay marriage. Has anyone tried going to court on constitutional grounds? It seems that failing to recognize gay marriage, is in effect, giving certain religions preferential treatment. Thoughts? Beat downs? Past threads? Links?

[Craftsman]

1. Traditionally the courts do not rule on doctrunally matters of any religion

Freedom of religion cuts both ways.

[Roosesvelte]

5. Don't they rule on government interference though?

I may not have been clear, but it seems to me many of the arguments against gay marriage are based on religion, so if this is indeed the case, wouldn't DOMA be deemed unconstitutional? Has it ever been challenged on these grounds?

[Craftsman]

6. People of faith and organizations of faith have as much right to speak out

as non religious groups. Freedom of speech.

[Roosesvelte]

7. I'm not talking about advocacy

But if the passage of DOMA was due to religious reasons in whole or part, that seems like something that could be challenged on 1st Amendment grounds.

[Craftsman]

8. The 1st amendment gives them this right

To advocate and try to get their way legislatively.

[Craftsman]

2. dupe

[Bonn1997]

3. I don't think the current US Supreme Court is going to be helpful on this matter

[Roosesvelte]

9. By the time the case reaches the Supreme Court ...

The makeup hopefully will have changed.

[tabbycat31]

4. I just did a paper on gay marriage for constitutional law

and if case law sets precedent as it has in the past, the 1967 case Loving v. Virginia, which legalized interracial marriages, could set a precedent for marriage equality.

Unfortunately our Supreme Court won't do it.