TED Conversations

This conversation is closed. Start a new conversation
or join one »

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.

0
Share:

Showing single comment thread. View the full conversation.

  • thumb
    Jan 2 2013: I would have thought that marriage is right in there with baptism, communion, etc. it is a biblical tradition. Monogamous, lifelong union between a man & a woman. People are free to create their own forms of union, but marriage as such is clearly defined, so why call something that doesn't fit the definition marriage ?
    In a democracy we are empowered to replace our politicians. That is the system; if we don't like the laws, then replace the politicians. If we still don't like the laws, then we are probably in the minority. Not a perfect system admittedly, but again, in a democracy you are free to advocate for a better system. You are entitled to your opinion, & entitled to have your opinion heard. Looking round the world, I haven't seen a better system. There are lots of laws that I dislike, but I am grateful for living in the UK. (The US is cool too.)

    :-)
    • Jan 2 2013: "I would have thought that marriage is right in there with baptism, communion, etc. it is a biblical tradition."

      It's a tradition from every religion, including ones that do not have a problem with gay marriage and including ones that predate judaism by countless millennia, it's also a civil institution recognised and carried out by officers of the secular state that is legally tied to things like inheritance, taxes and visitation rights.

Showing single comment thread. View the full conversation.