1. Marriage is a religious sacrement. Under our constitution, the States can not legally marry anybody.
2. Whether Gays can marry is entirely up to their religion.
3. States can authorize civil unions and can grant civil union status to any marriage.
4. States can restrict the granting of civil union status on the basis of public policy. For example,
they may demand that both members of a prospective couple be tested for AIDS, syphillus, or any other STD and that the results be made known to both prospective partners. They may establish a minimum age at which an individual may enter into a civil union. They may deny civil unions to incestuous relationships.
5. At issue is whether a state can deny civil union status on the basis of sexual orientation. Were they to do so, would not the next steps be to deny the protection of the courts, employment, housing, and even food on the same basis?
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