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Originally Posted by Madmartagen
meaning the people who base their opinions about homosexuality from what they learn at church and in the bible have no right to press mandates and amendments to ban gay marriages. if you take away religion from the gay marriage equation, there isnt much of a real argument to make against gay marriage.
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That doesn't make sense to me. People basing their beliefs about homosexuality on what they learn at church has nothing to do with Freedom of Religion....other than the fact that the Amendment protects their right to worship as they see fit. It would be easier for you to twist that amendment around to say that it protects "religious" people's right to be homophobes than it is to twist it to say the amendment gives gays the right to marriage.
You need to pick another Amendment. Maybe the Tenth.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
you could argue that since the Constitution does not give the power to regulate marriage to the Congress then that right goes to each state to decide for themselves.