The Constitution doesn't say it's OK, but it doesn't say it's not OK either. It only says Congress may not establish a religion, nor prohibit free exercise thereof. And that all powers not given to the United States, nor prohibited to the states, are reserved to the states, or to the people. So states can make such laws.
Many laws of the United States do take religion as their basis, but only because there is a common agreement. "Thou shalt not kill" is in the laws of Moses, but most people agree with it in general. The controversies arise because of disagreement on specifics, like the death penalty, euthanasia, abortion, and honor killing.
Marriage as a custom goes back at least 2000 years in the Roman Empire, before Christianity.
If your religion says that gay marriage or polgamy is OK, you can holler discrimination. Most people think polygamy is wrong. A majority think gay marriage is wrong.
Reply to PGroot ;
he Constitution doesn't say it's OK, but it doesn't say it's not OK either.
It only says Congress may not establish a religion
That's not what it says at all. And the USSC agrees with me. Not you.
What the 1st amendment says is that "Congress shall make no law respecting an establishment of religion,.....'
An establishment of religion is not a religious establishment. It's not a place or institution.
An establishment of religion is that witch is established BY religion.
The definition you are referencing was created by Pat Robertson in the early 1980.
And the Supreme Court has ruled on my side too many times.
Many states had official churches when the Constitution was written. The establishment clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S. government of one religion over another.
Justice Hugo Black wrote: The "establishment of religion" clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa.