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To: Little Joe who wrote (376940)8/6/2010 8:41:47 PM
From: Brumar89  Respond to of 794298
 
A Strict Wall of Separation Between Morality and State

Thursday, August 5, 2010, 6:54 AM
Tom Gilson

From Judge Vaughn Walker’s opinion on the Proposition 8 case:

Whether that belief is based on moral disapproval of homosexuality, animus towards gays and lesbians or simply a belief that a relationship between a man and a woman is inherently better than a relationship between two men or two women, this belief is not a proper basis on which to legislate. (p. 132)

California’s obligation is to treat its citizens equally, not to “mandate [its] own moral code.” (p. 133)

The evidence at trial regarding the campaign to pass Proposition 8 uncloaks the most likely explanation for its passage a desire to advance the belief that opposite-sex couples are morally superior to same-sex couples. (pp. 133-134)

Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. (p. 135)

Is there now a wall of separation between morality and state? Where in the Constitution (or even in Jefferson’s letters) do you find that?

[Aren't most laws based essentially on moral disapproval?

Isn't murder illegal because its morally disapproved? Ditto theft? Heck, both those have one of the infamous Ten Commandments as their support. Our most basic laws are based on understandings of what is moral and immoral.
]

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