Last week, NY passed a bill that legalizes gay marriage. Since then, we've seen commentary on the topic from everywhere and everyone. It turns out that now a majority of Americans support it, however, most states have either outlawed it already or even have state constitutional amendments blocking it. Additionally, the Defense of Marriage Act (DOMA) exempts states from having to recognize and provide services to those who have had gay marriages in other states. This means that while NYers now have equal rights, they must live in NY to utilize those rights. Though the Defense of Marriage Act is still being fought in courts, and the current administration
Some 30 states have enacted constitutional gay marriage bans, most by voter referendum. As we learned from those referendums, they become rallying cries for conservative voter turn out, and thus have historically been used to defeat the liberal legislators who may have acted on the issue.
Also, Considering the current conservative make up of the Supreme Court, you are unlikely to get a ruling explicitly supporting and legalizing gay marriage.
However, Considering that the Supreme Court LOVES the 1st amendment, and continues to rule in favor of freedom, why doesn't the gay community use that to their advantage.
To be more specific and get to my point finally: Why doesn't the gay community create a religion that specifically allows for homosexual activity and gay marriage?
Liberals are using equality and fairness arguments when trying to Overturn the Defense of Marriage Act, all these state constitutional amendments and laws. Sometimes they win, sometimes they lose. I believe that putting the DOMA and all these state constitutional amendments up against the First Amendment of the United States will be a powerful weapon. Of course, the govt can regulate some religious aspects as long as they aren't aimed specifically at one religeon. For example, we are not allowed to kill our wives or kids, though strict religious interpretation permits it, and things like polygamy are specifically outlawed (though rarely prosecuted). However, gay marriage is not outlawed.
Thus my idea. Move to Nevada, start a church, start marrying gay people.
I have a feeling this has been tried and has failed, (3rd comment from bottom is interesting) but the LGBT should keep trying. Eventually, they may run into a Supreme Court that will give them the rights they desire (overturning weaker laws in favor of Law #1).
My belief, since I've saved it until now, is that once every state in our nation finally does allow for gay marriage, we'll stop talking about it. We hardly talk about mixed marriages anymore, and the fabric of the American family has not been ruined over the last 40 years by interracial marriage. I hope/believe that gay marriage will be viewed similarly in the future.