I disagree. Marriage is a legal relationship/contract, so a religious organization can't dictate how legal relationships should be formed based on first amendment. They can be left alone based on first amendment, but that's it.
Because the state has bound religious marriage to legal marriage, there is no difference. Therefore churches that wish to perform the ceremony are forbidden to do so and have it considered a marriage.
And if we separate religious and legal marriages...then what's the problem? The state would be discriminating against gays by not allowing legal marriages. And they would denying the 1st amendment right of churches who wish to perform gay marriages (they also could not force churches to perform gay marriages if they didn't want to, since that would be a violation of
their 1st Amendment rights).
Well, I would need to see a more detailed argument, not just implications.
Agreed. This would involve an in depth legal argument.
You think the government should allow a father and daughter to marry each other? You believe you have a constitutional right to incestous relationships? At least you admit that argument underlining gay marriage will have to apply to incestous relationships, no matter how much the word "bigot" is thrown around.
Despite my personal disgust at the thought, yes I do. I used to believe otherwise, that it should stop at gay marriage, and incestuous and polygamous marriages should not be allowed. But I have no real argument against them other than I find them 'icky'. Since I don't believe that's a valid argument against gay marriage, I can't use it as the basis of an argument against these marriages.
But it has to be between
consensual adults. Adults are considered to be of legal age to make decisions about themselves and their lives. Minors are not. It also needs to be consensual between everyone involved. No coercion, no force, nothing like that. It has to be a freely made and choice. (In the father/daughter example, there's a whole host of arguments for abuse, dependance, and a ton of other psychological issues that would violate the consensual part of the deal. There are also a number of advantages, and disadvantages, to polygamous marriages.)
About the only argument I can make against incestuous marriages (which is defined by most states as first cousins or closer), is the increased odds of offspring having genetic defects/diseases. But since they may choose not to have children, and people with increased chances of passing on genetic issues are allowed to marry right now, it's a weak argument.
So you concede that using that one clause to justify gay marriage can lead to whole can of worms, undermining all type of legislation that discerns between men and women...esp to the point of absurdity. These points need to be addressed if you're going to make that argument based on Equal Protections Clause instead of running around calling everyone a bigot (not saying you specifically, just in general).
I conceded nothing except that one
could make the argument. Then in the next sentence I say the argument wouldn't hold water. It's a slippery slope argument. One does not necessarily lead to the next.
Women being drafted is an issue completely separate from gay marriage. It has nothing to do with two people of the same gender being allowed to marry. It has to do with if women should be held to the same legal standards men are held to.