Is anything regarding gay marriage undertaken by the courts & congress unconstitutional?
The argument that gay marriage is against Biblical law is irrelevant in Constitutional law. Strict Constitutionalists will tell you that Congress can not make a law for or against gay marriage because it is beyond the scope of their powers. However, many of the laws they have made are technically beyond the scope of their power. The states have the power and responsibility to handle issues for their own people such as gay marriage (and abortion). Courts have over-stepped their power for years by creating law instead of interpreting law. The gay rights issue (and abortion) are part of the state’s responsibility and the federal courts should not be creating law that it is against the US Constitution because of their own views. State courts should also respect laws in their states instead of creating their own version through their rulings as was recently done in California. EDIT: The first amendment is the only place that mentions the separation of church and state and it reads “Congress
