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Irrelevant... the point is that marriage is a religious institution.
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Prove to me that legal marriage recognized by any of the 50 states is a religious institution. Just because you declare something "irrelevant" doesn't make it so.
What is it in your mind that makes legal marriage a religious institution? The fact that 80% of weddings are done in a church is "irrelevant," because the law doesn't REQUIRE it to be that way. Sorry, David, but the state's legal recognition of marriage is a societal institution which benefits the state - religion has nothing to do with it.
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If you say that marriage does not breach the establishment clause, then you can no longer say that baptism, communion, or PUBLIC PRAYERS do either.
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You're a bit confused, it seems. You see,
legal marriage doesn't require religion, but Baptism, Communion, and Prayer certainly do... unless the state, for some reason should choose to make those ordinances of the state rather than ordinances of the church, but naturally they would have to purge them of any mandatory references to God...as they have done with marriage.