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Should a religious basis be reason for dismissal of a law by high courts in secular countries?

Should high courts in secular countries, such as the US supreme court dismiss clearly religiously based laws, such as the "Defense Of Marriage Act" (which forces Abrahamic views of marriage on government institutions and regulations) since such laws effectively turn purely religious views into secular law since the secular constitutions of secular nations advocate against theocracy?

I would answer "yes" to this question but am interested in potential backfiring of such a rule if people can come up with this. So debate away...

P.S. I know there are people who reject secular government altogether, this debate is not for them. The starting point of this discussion is that secular constitutions exist and are accepted by a majority of the population as well as supported by various ethical and logical arguments.


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