Separation of Church and State and Gay Marriage

America is not a theocracy. While this statement may not seem like a deep or profound assessment of our legal system, it is factual. Many people support the Separation of Church and State, and are outraged when one interferes with the other. Look at the controversy stemmed from the government's attempt to mandate birth control though the Affordable Care Act and the Catholic Church. The public was furious at the government for trying to force Catholic based organizations to distribute birth control among employees. Obviously, the State should not interfere with the Church and vice versa, but if that is true why does the Church interfere with the state? If the Church really has no say in our government, and the government has no say in the church... why is gay marriage illegal?

  I understand why particular Christians would not be comfortable with something that goes against their principles. Many religious leaders say that Marriage is a Christian or Religious institution, and it is. Nevertheless, if that were exclusively true then Muslims, Jews, Buddhists, Agnostics, Atheists, and others would not be allowed to get married. Marriage is not just a religious institution, but a legal one as well. After all, it is possible to get married without a church; all that is required is a courthouse, papers, and two willing adults. Therefore, any reasons that the Church gives for opposing the legality gay marriage should not be considered.

Various people would like to appease both sides by suggesting that the law for marriage remain standing, and that we have an identical law constructed with a different name, e.g. civil unions or domestic partnerships. However, in the Case of Brown V. Board of Education by allowing De Jure separation to exist it promoted De Facto discrimination. The laws were "Separate but Equal" but everyone knows that the separation was not equal at all; racism and discrimination abounded. Therefore, having a dual law would only exist to separate and promote prejudice and discrimination against gay people.

Hopefully, it can be ascertained that religion should not have a say in the legality of gay marriage. The Church should not force its beliefs on the state, and the state should not force the Church to follow certain government mandates. Churches should not be required to marry gay people, but gay people should be allowed to get married. Now that religion has been taken out of the argument for gay marriage what other argument is there?