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by cmdrfred 3983 days ago
The Supreme Court found this in Everson Vs. Board Of Education: “The establishment of religion clause means at least this: Neither a state nor the federal government may set up a church. Neither can pass laws that aid one religion, aid all religions, or prefer one religion over another."

'aid all religions' is the key point and is consistent with my reading. By applying that same logic you are forced to come to the conclusion that by having a government sanctioned marriage, and by giving tax benefits among others with said marriage. You are aiding a religion and thus it is unconstitutional.

2 comments

The only thing that the text of the Constitution compels is the first sentence: "neither a state nor the federal government may set up a church." That's a narrow, literal reading of the text, but it's a totally reasonable one.

So, to apply your reasoning, why shouldn't we fire the justices who decided Everson v. Board for contravening the Constitution by adding a bunch of things to the establishment clause that aren't in the text?

Government sanctioned marriage, per se, is completely neutral to religion or its absence, out neither files rules that are particular to religion, not only annoys the religious. So, no, it doesn't violate the rule laid down in Everson.