[ETA: Sorry--I realize this conversation has moved on, and that my point is only tangential to the topic anyway. OTOH, it's at least as relevant as quoting scriptures!

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I said that the Prop8 case was *not* argued on the basis of religions being able to deny marriage ceremonies to gay couples.
Actually you said:
The Prop8 case, as with the 'gay marriage movement', is focused on equal access to a government issued marriage *license*, which has nothing to do with the numerous religious ceremonies just called 'marriage'.
The part I take issue with is that marriage licenses have nothing to do with religious ceremonies called marriage. That's how it
ought be, but in fact, religious clerics conducting those ceremonies are often recognized as state agents using the license to perform the marriage itself (or certify the marriage or whatever). (It differs from state to state, but I cited several examples of this back in post 364.)
It
ought be the case that those religious ceremonies have nothing whatsoever to do with marriage licenses and certificates, but, alas, in most states that's not the case.
I also think that it should be the case that getting a license is the end of the story as far as the state is concerned, but in most states, it's not. In most states, just getting the license doesn't make you married. In my state, it's very clear that a religious cleric is recognized by the state as having the same ability to perform a marriage (to execute the license, to certify the marriage or whatever) as a justice of the peace.
I believe this blurring of marriage (the civil/legal thing) and any of the religious concepts of marriage (for Roman Catholics, it's one of the 7 sacraments) is at least in part to blame for the erroneous belief that legalizing same sex marriage (granting licenses for same sex marriage) is somehow a threat to various religious understandings of marriage.
Further, I think this entanglement unnecessary. We no longer rely on religious baptism or christening ceremonies, for example, to legally name babies. In fact, we don't require any ceremony at all (not even by a justice of the peace). We could handle marriages the same way. Just get your license, and as far as the state is concerned, it's done. You're free to conduct any ceremony you wish, but the state would grant no civil or legal recognition of that ceremony.