This is more of a general question because I’m asking, not debating; I don’t have enough knowledge of Constitutional Law to have an informed opinion. However, given the subject there’s likely to be disagreement so I’ll plant it here and leave the discretion of the Mod Squad whether or not it stays.
The APA declared more than 30 years ago that homosexuality is not a pathology; the most vociferous opponents of this view tend to be fringe “experts” such as the often discredited and provably unethical Paul Cameron. Numerous scholarly and objective psychological and sociological studies have demonstrated that there is nothing inherently harmful to society about gay enfranchisement or gay parenting. However, most states still refuse to add sexual orientation to their criteria for non-discrimination in employment/housing, etc., and amendments to legally define marriage in such a way as to specifically and deliberately exclude gay couples from receiving state recognition are being proposed in many states as well as the Federal government. Many of the most vocal proponents of the proposed amendments specifically, one might even say blatantly, cite Judeo-Christian teachings as their justification.
The Supreme Court case Lemon v. Kurtzman (which involved state support of parochial schools rather than any type of gay issue) resulted in what is known as the Lemon Test, which states
Since most anti gay-rights initiatives are religious in motivation, how can the Constitution be altered to exclude gay marriage on these merits? A separate but related question: Does a state have the power to pass an amendment that violates the Lemon Test?
Thanks for any info.