The Constitution and Gay Marriage

Columnist Michael Dorf raises some interesting issues about a constitutional amendment defining marriage over on Findlaw. Dorf shoots down three arguments advanced by some as to why the Constitution should not be amended that don't deal with the actual issue. He finishes up by arguing that the best argument against such an amendment is based on morality and equal rights, not technical arguments about states rights and such.

Along the way, Dorf makes a great point: "Many people, of course, object to same-sex marriage on religious grounds, and it is accordingly their right to practice a religion that does not recognize same-sex marriage. But the legal institution of marriage is distinct from the religious one. No church, synagogue, or mosque will be forced by the government to recognize or perform same-sex marriages. Even in Massachusetts, the mandate affects county clerks, not country priests."

It's too often forgotten in this debate that the "sanctity of marriage" so many religious folks worry about comes from a source - their God - separate and apart from the source of civil marriage. One does not necessarily have anything to do with the other.