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In 2007, I filed this brief with the California Supreme Court in the first same sex marriage case it considered. I argued that their is a violation of the separation of church and state, both the Establishment Clause and the Free Exercise Clause of the First Amendment, if marriage is confined to only heterosexuals.
The position that marriage should not be allowed between persons of the same gender has no empirical basis. It is the enactment of a religious belief system into law in a society in which laws that apply to everyone are not supposed to be based on religious beliefs. In this brief, I explain what the concept of church/state separation is supposed to encompass.
