I’m not sure why you are surprised. In that hypothetical you said LGBTQs are an affront to my god, church and country and I am an adherent faithful member. So my personal morals are built on my religion and therefore I share the heartfelt conviction that discriminating against LGBTQ park-goers on Sunday is moral.
You said: “What if you held the same belief about red-haired people because you attended the same church? Would you argue against the law based on the fact that it unfairly discriminates, or would you agree with your fellow anti-gingers?”
This is a false dilemma because it is possible to argue against a proposed law but still agree with anti-gingers about the morality of discriminating against red-haired park-goers on Sundays. Specifically, an unfair public policy can be moral. That does not make it constitutional, so I would support a constitutional amendment, not a mere law. Does that make sense?
I see violations of the separation of church and state in things like discriminatory funding for one religious group over another, or requiring a religious test to qualify for public office, or requiring an oath of allegiance to a religious figure, or government authority derives its legitimacy directly from the church rather than the people. Regarding this last point: so long as people have the freedom to vote their conscience, and the government is still a republic, the legitimacy of a law remains the fact that society itself favors that law, and so too with any government action sanctioned by law.
A law passed democratically despite having no secular rationale comes very close, but I don’t think it necessarily crosses the line. Certainly if an amendment was proposed replacing the rest of the Constitution with the Quran and Sunnah; the laws with shariah and fiqh; the legislature and judiciary with ulama; the executive with shurṭa, muḥtasibūn, mujahideen, and caliph; I would call that a theocracy, where government authority is derived from Quran and Sunnah rather than the people. That is not to say it is immoral, quite to the contrary if I were Muslim, but it does violate the doctrine of separation of church and state. (I hope I didn’t botch any of that up)
Now imagine a system where fiqh has no jurisdiction except where one willingly uses it as the foundation of one’s personal morals. The majority of people in the locality do base their morals and therefore politics on fiqh, and so agree on the morality of a proposed law. The law is passed democratically despite having no secular rationale. So long as the people still freely elect representatives, who pass laws and are free to do so without regard to religion, it is still a republic, not a theocracy. The law may still derive its legitimacy through the public, therefore there is not necessarily a violation of the doctrine of separation of church and state.
Now imagine a situation where there are a variety of religious denominations, and while no group within any one faith has the clout to pass a law, an interfaith coalition does. So they pass a law with shaky or nonexistant secular rationale, and a variety of sometimes conflicting religious rationales. The legitimacy of the passed law is due to its overwhelming public support, although were it not for religion the law would never have been passed. So long as this law does not undermine the republican nature of government, I fail to see a violation of the doctrine of separation of church and state.
I wouldn’t support discrimination against LGBTQ people if your hypothetical had not made me a faithful adherent to a religion that discriminates against LGBTQ people.
You should be looking to convince enough people so as to prevent the policy from being implemented, right? It can be the audience of a debate, not necessarily your counterpart on the other side.
It can be theocratic, but it can also be democratic. It depends on how the law is passed, specifically whether the people who make the laws and the people who elect them are free to defy any given religion belief. If there is no freedom to defy religion in the lawmaking process, it is a theocracy. If there is freedom to defy religion, and the process is otherwise republican, it is a republic.
Well yeah, secular policy can also be discriminatory. For example a law that bans red-haired park-goers on Sundays because the public thinks red-heads are statistically likely to trash parks on Sundays. Think of the problems with bail in the criminal justice system, which arguably discriminates against the poor. How about racial profiling?
But that wasn’t my point. Your definition of what is “just” is different from someone who derives justice from religion.
~Max