Within the next few months, Justice Anthony Kennedy will likely rule that same-sex marriage is mandated by the Constitution of the United States. The ruling will offend both common sense and Constitutional law. But it will nonetheless become the law of the land. With it, states will be forced to recognize same-sex marriages; same-sex marriage will enter the public school lexicon; religious institutions will be forced to recognize same-sex marriages or lose their tax-exempt status. Religious Americans will be forced into violating their beliefs or facing legal consequences by the government. The First Amendment's guarantee of religious liberty will largely become...
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In this debate, no one ever asks the questions: What harm do gay people experience from being excluded from marriage? On the other hand, what harm would Congress inflict by treading all over marriage? For example, if I'm a pig farmer, I may be offended that Jews and Muslims say my product is unclean. I may want to sue them for loss of potential profits. I could even argue they have no scientific basis. So, should I therefore have Congress redefine "kosher" and "halal" to include pork? Could I prove that "kosher" and "halal" have caused harm to me or to society at large? Regardless, I can't sell pork to people who don't want it. Am I not attacking their religions and setting a dangerous precedent?
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