The Supreme Court will decide later this year whether or not the government of an individual state can prevent homosexuals from marrying. No matter where you stand on the issue, recent decisions would seem to render any negative decision by the SCOTUS as a moot point.
If the SCOTUS decides that states can interfere with the rights of adults to marry whom they choose they will be facing a problem that they, themselves, have created.
Recent decisions, (Hobby Lobby, for example) have made it clear that religious beliefs take precedence over the law. Irregardless of how absolutely insane that concept is, the SCOTUS has judged it so. If your religious beliefs are opposed to paying full medical benefits to your employees, so be it. Don’t pay them. This Pandora’s Box will be used over and over again to avoid various laws.
Which brings us to homosexual marriage.
Currently there are a number of religious groups which do marry homosexuals. And more bless homosexual unions. For example, the United Church of Christ performs and recognizes gay marriage. Some Quaker meeting houses do, some don’t. The Unitarian Universalist Church performs and recognizes gay marriage. Rabbis of Reformed Judaism perform and recognize gay marriage, as do some conservative Jewish synagogues.
This raises the question. Can the SCOTUS on one hand claim that a private business like Hobby Lobby has religious rights, while denying religious rights to legitimate religious organizations? Can the SCOTUS , on one hand claim that private businesses and individuals can evade the law while on the other refusing to allow churches to practice freely based on religious beliefs?
I would think that the next step, if the SCOTUS decides to deny individuals the right to marry, would be for those individuals and their churches to return to the courts under the auspices of religious freedom. This would be especially true in many of the states that have passed “Religious Freedom” laws directed specifically at undermining gay rights. Those laws may, in fact, be used to assure the religious rights of gay Americans.
Can those decisions and laws now be used as a doubled edged sword to guarantee those same individuals the right to be married in their churches and synagogues. If there is any logic to SCOTUS decisions they will decide that preventing people from marrying is a violation of the First Amendment and freedom of religion. A right they CLAIM to hold so dear.
We shall see.