Two Unitarian Universalist Ministers were arrested in NY for performing same-sex marriages under the power granted them by the state, not just as religious unions. Of course the typical faultlines are exposed - including claims of violation of separation of church and state. But surely that cannot be true - this is a simple case of a prosecutor interpreting the State and Federal Constitutions to permit this sort of gender discrimination in marriage - and so enforcing the law as he interprets it.

What always strikes me as curious in these are the cries of "upholding the law" - as if the constitutions were not law, and indeed superior law at that.

Anyway does anyone see an establishment problem with these prosecutions that I am missing?

washington post article is at

http://www.washingtonpost.com/wp-dyn/articles/A61436-2004Mar15.html

Steve
--
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
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A word is dead
When it is said,
Some say.
I say it just
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That day.

Emily Dickinson 1872
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