
Gov. Nathan Deal said he would veto the “religious liberty” legislation on Monday. Bob Andres/AJC Photo
Gov. Nathan Deal on Monday vetoed the “religious liberty” bill that triggered a wave of criticism from gay rights groups and business leaders and presented him with one of the most consequential challenges he’s faced since his election to Georgia’s top office.
In a press conference at the state Capitol, Deal said House Bill 757 doesn’t reflect Georgia’s welcoming image as a state full of “warm, friendly and loving people” – and warned critics that he doesn’t respond well to threats of payback for rejecting the measure.
“Our people work side by side without regard to the color of our skin, or the religion we adhere to. We are working to make life better for our families and our communities. That is the character of Georgia. I intend to do my part to keep it that way,” he said. “For that reason, I will veto HB 757.”
What does HB 757 say? Georgia Religious Liberty Bill
The two-term Republican has been besieged by all sides over the controversial measure, and his office has received thousands of emails and hundreds of calls on the debate. The tension was amplified by a steady stream of corporate titans who urged him to veto the bill – and threatened to pull investments from Georgia if it became law.
The governor’s veto infuriated religious conservatives who considered the measure, House Bill 757, their top priority. This is the third legislative session they’ve sought to strengthen legal protections from opponents of gay marriage, but last year’s Supreme Court ruling legalizing same-sex weddings galvanized their efforts.
It is also likely to herald a more acrimonious relationship between Deal, who campaigned on a pro-business platform, and the evangelical wing of the Georgia Republican party. Already, prominent conservatives have vowed to revive the measure next year.
More: How Deal’s ‘religious liberty’ veto will shape his final years in office
The governor, though, had ample cover from the measure’s critics. Executives from dozens of big-name companies, including Disney, Apple, Time Warner, Intel and Salesforce, called on the governor to veto the bill. The NFL warned it could risk Atlanta’s bid for the Super Bowl and the NCAA hinted it could influence the state’s ability to host championship games. And Deal’s office said two economic development prospects have already abandoned Georgia because of the legislation.
They joined with gay rights groups who warned that the measure amounts to legalized discrimination and pointed to the corporate outrage that rocked Indiana after a similar measure was signed into law there.
The legislation, which first surfaced on March 16 and passed both Republican-controlled chambers in hours, would allow faith-based organizations to deny services to those who violate their “sincerely held religious belief” and preserve their right to fire employees who aren’t in accord with those beliefs.
It also mirrors language found in the federal Religious Freedom Restoration Act, which was signed by President Bill Clinton and adopted by dozens of states, requiring government to prove a “compelling governmental interest” before it interferes with a person’s exercise of religion. And it includes a clause saying it could not be used to allow discrimination banned by state or federal law.
Seen by supporters as a “compromise” effort, the measure was swiftly condemned by the Metro Atlanta Chamber, the state’s most influential business group, and by leaders of major international tech corporations.
The Human Rights Campaign called on Hollywood film companies to abandon Georgia if Deal signs the measure, and many issued threats that they would. Each of Atlanta’s pro sports franchises criticized the measure, as did the owner of the Atlanta Falcons.
It was far from a one-sided fight, however. The conservative Faith and Freedom Coalition launched robo-calls backing the measure, and the Georgia Baptist Mission Board marshaled its 1.3 million members to rally around the bill. State Sen. Josh McKoon and other prominent supporters cast it as a way to protect faith-based beliefs.
“I’m extremely disappointed,” McKoon, R-Columbus, told WBUR Boston shortly after the veto. “This bill had been significantly watered down. It did not apply to businesses. I’m just very, very disappointed the governor would veto this modest protection for people of faith.”
Still, Deal’s decision to veto the measure did not come as a surprise.
In stark terms, the governor said earlier this year that he would reject any measure that “allows discrimination in our state in order to protect people of faith.” Rooting his critique in biblical language, he urged fellow Republicans to take a deep breath and “recognize that the world is changing around us.”
He is also the rare statewide politician who can afford to infuriate a wide swath of his party’s base. As a term-limited governor with no further political ambitions, he never has to face the voters again.
Yet his decision will likely influence the remainder of his term, which ends in January 2019.
The “religious liberty” debate resonates like few others among the activists that make up the Georgia Republican base – a group that gave the legislation a ringing endorsement at the Georgia GOP’s 2015 convention. He’ll need many of those same rank-and-file Republicans next year when he unveils his plan to “revolutionize” the state’s education system.
Already, several conservative lawmakers have vowed to call for a “veto session” to rebuke the governor if he rejects the measure. It takes a three-fifth majority in both chambers to call a special session, and a two-thirds majority in both chambers to override a veto — a threshold the bill failed to reach by one vote in the Senate and 16 in the House.
State Sen. Bill Heath, one of the chamber’s most conservative lawmakers, said he’s confident a “veto session” will be successful.
“We will call for a veto session,” Heath said. “And we have the votes.”
The governor, who didn’t take any questions after his remarks, anticipated the pushback.
“I don’t respond well to insults or threats,” he said.
Insider’s note: Aaron Gould Sheinin and Kristina Torres contributed to this report.






@bluestein religion is sufficiently protected by the Constitution. This is a bill for discrimination, not liberty.
@incohetur @bluestein tell that to the oregon bakers that lost their business because they would not bake a gay wedding cake!
To The People of Georgia and other states whose rights have been violated: I apologize for my lengthy comment; please hear me out: The Love for God is not Discrimination. However government enforcing the views and interests of one group over those of another is just that. People of Faith are being targeted and discriminated against by a culture that is anti-Christian or anti-Religion. To force a private baker to bake a cake for a same sex wedding that his religion forbids, then he must endure the awful reality of conflict of conscience because he is forced to either abandon his conscience and relinquish his faith by hurting the one he loves the most, or be sued and forced out of business is shocking. There are no words for this type of discrimination or complete disregard for the first amendment. Most if not all homosexuals hate religion and believe in ssm. People of faith love their religion and do not believe in ssm. This is not discrimination, but two opposite views and one should not be forced on the other when they are in direct opposition. Only the people of faith will suffer because there are plenty others who will gladly take homosexuals' business. This is a non-issue, only a smoke target to discriminate against people of faith because of their opposing views. People of Faith believe that the path to the kingdom of heaven cannot be bought or sold. They should boycott businesses that have come out as anti-Christian or anti-Religion by not spending their money on any of their products. Do not help them at all. You must recognize all of your citizenry even if the situation is complex. Christians, for example, believe God resides in them. Christians Love God more than anything, and to force Christians to facilitate or participate in anything that causes a conflict of conscience makes them feel terrible about themselves as a child of God. Then for some so-called leaders to say ‘get over it, chill out and move on,’ makes the situation that much worse. Do not allow yourselves to be deceived. Christians have a constitutional right to be who they really are as well, and to say that if they are true to who they really are is discriminatory against homosexuals is simply silly. Quite frankly, no person with a penis should share a bathroom with little girls. That applies to both homosexuals and Christians. No special rights given under no circumstances, period! The safety and well-being of children should not be compromised. The truth is that Christians are the ones being targeted and discriminated against by an anti-Christian government code word “PROGRESSIVE," anti-Christian homosexuals, anti-Christian businesses, anti-Christian ISIS, anti-Christian rockers, and any other person or group that seeks to persecute people of faith for being who they really are. No more dancing around the issue of what is because Jesus told us ahead of time. Anti-Christians and anti-Religious folk must stop targeting and discriminating against People of Faith. This is precisely why religious liberty legislation is not only necessary, but required.
The SCOTUS has taken the Christian biblical divine order of male to female marriage at creation, Genesis 2, which Jesus reiterated and confirmed in Matthew 19, and redefined it which they had no authority to do no more than they can redefine when the sun rises and sets, and made it the law of the land. For Christians and other people of faith, this is a falsehood that has been imposed on the American people. Then SCOTUS said male to male and female to female can get married and people of faith must facilitate or participate in these bogus marriages or risk incarceration and lawsuit, because you will be “discriminating” against homosexuals if you do not abandon your conscience and relinquish your faith to immorality. Their reasoning -- no one can tell homosexuals who they can love. Homosexuals have a right to go before God in false marriage, vowing to do forever what He has called an abomination. At the same time the so-called “PROGRESSIVE” anti-Christian government (democrats), tell people of faith they cannot love God because if they do, they are discriminating against homosexuals. This is sick. Then they say, furthermore, men can share bathrooms with little girls if they identify as female. When People of Faith attempt to shield themselves of this tyranny through religious liberty legislation, they are told your religious liberty laws are really anti-gay laws. What? You have just blatantly hijacked our faith values against our free will, and people of faith will fight these tyrannical bullies for our constitutional freedom to love who we want to love. We Love God and you anti-Christians can’t tell us who we can love.
@Mattkempner @marcbenioff Home Depot and Lowes possible license agreement for, easycolorexpress.com ,#atlanta #crowdfunding #vendor
@mat_coq exactement
@Highland3dog Were watching that situation. Smart governor!
@VoddieBaucham Looks like it was \U0001f4b2\U0001f4b2\U0001f4b2that motivated this.
@VoddieBaucham yes and now the Feds are threatening to pull federal funding or support. Who won't cave to that.
@NA_Dellsey Your tweet makes my page better: rbl.ms/1Qrp3Yp
My personal belief is this happens to be another case of legislative tyranny. Our constitution allows for freedom of religion without persecution but this is no longer the case. I do not believe that a minority of people should be able to force their will on the majority of people who disagree with them. That being said I also believe the people that the governor has angered are missing a big point. Gay, straight or whatever, the last time I checked their money is just as green as mine. Rather than shun these individuals or refuse to do business with them, take their money but tell them why you disagree. It is not our place to judge people because eventually we all will be held accountable for what we have done. Furthermore, if anyone thinks that politics is not at play with these awful situation, you are living under a rock. Plain and simple this was about nothing more than the almighty dollar and a RINO governor who lacked the testicular fortitude to make a stand based on conviction which is why he has been voted into office twice. This is what happens when we have lame duck politicians and I will be counting down the days when he leaves office.
@garls2662
Freedom of religion doesn't include the freedom to oppress. The SCOTUS application of the 14th Amendment made that clear. Get used to it.
@garls2662 I agree with some of what you said, but this man deserves the boot right out of office now. And he is an example that other states considering this non-issue of WHAT NOT TO FOLLOW.
@DefendMarriage Yes he did...He finally smartened up...
This could be disastrous.
Here's a novel question for our all-too-easily-offended generation: Since when does the Constitution forbid discrimination? If I own a business, shouldn't I be able to choose with whom I do business? Do I not have a right to sell my property and services to whomever I like? If I discriminate against selling to some people, does not that hurt my own profit? It may be a really dumb idea, but don't I have a right to do it?
@Brutus1776
Try taking a step back from the preposterous Ayn Rand libertarian notions and start thinking like a decent, caring, empathetic human being who actually gives a damn about anyone other than yourself.
Oh, and no, you don't.
@Plainsman
You have no idea how much of a caring person I am, and you can't understand how a person can be an extremely loving person and yet still maintain a moral compass; it's good to treat your friends well, but if you judge that your friend is in the wrong, a danger to himself or others, the most loving thing is to point out his error. I know that you'll say "how dare I judge someone," but that is a necessary consequence of having a moral conscience, like it or not.
By the way, if the government forces toleration on me, how does that make me a loving person, and how is that loving of you to use the government to force me to act a certain way? (try to avoid the ad hominem comments)
@Brutus1776 @Plainsman
When your own narrow moral view is at odds with and negatively affects the civil rights of someone behaving in a perfectly legal manner within a SECULAR nation, the problem is yours. Were it a theocracy, you might have an argument.
@Plainsman
My "narrow moral view" is held by the majority of Georgians along with 31 other states who added constitutional amendments to support that view, so in reality, you are trying to push your minority opinion on me and the rest of the majority of this state. Your opinion is the narrow one, sorry.
Businesses discriminate about whom they serve all the time for reasons that are completely subjective and yet still very reasonable.
@Brutus1776 @Plainsman The U.S. Constitution trumps state statutes that are deemed unconstitutional by SCOTUS, and BTW, according to Gallup 68% of U.S. citizens approve of same-sex marriage. So, you go ahead and try obstructing the civil rights of a citizen of the U.S. and see what it gets you.
@Plainsman
Sure, the supremacy clause of the US Constitution makes it law above any state law, but the Constitution is silent on the question of marriage, and so we left to interpret the Constitution as such, and as a state and as a nation, we are engaged in doing that. I stand with Lincoln when I say that the Supreme Court, though it has the final word on individual cases, does NOT have the final word on the interpretation of the Constitution; the sovereign people through the states play a vital role in that debate.
We can throw statistics and numbers at each other all day as evidence for our side, but at the end of the day, the question is answered practically by the majority in each state, and the minority (whichever side of the issue it happens to embody) needs to respect the current opinion of the majority.
@Brutus1776 @Plainsman I'm not a majoritarian so much as I think everyone should agree that people ought to be free to associate with whomever they please. Hopefully their sense of charity will lead them to treat everyone with dignity, but it's no more charitable for the government to force them to act that way. No brownie points for acting under duress!
@Brutus1776 @Plainsman
If you're thinking of employment as a Constitutional scholar, I would think again. The separation of powers principle most certainly does empower SCOTUS to rule on the constitutionality of laws, and any other view on that is preposterous. The framers of the Constitution specifically crafted that principle to prevent the tyranny of the majority over those of minority views. Freedom of religion does NOT include the freedom to oppress, and the SCOTUS application of the 14th Amendment made that crystal clear. Get used to it.
@Plainsman @Brutus1776
Get used to it! You might recall Plainsman, we've all seen this movie before.
Brutus referenced Lincoln before, so I will provide the quote and context. In his first inaugural address, Lincoln responded to Justice Taney's majority opinion that slavery was an institution enshrined in the Constitution, untouchable by state or national legislatures. Justice Taney said: "Slavery is here to stay, get used to it." Lincoln's response was thus:
"I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."
In an ironic twist, for the sake of civil rights, you seem to be on the same side of constitutional interpretation that once upheld the most infamous of institutions against civil rights and human liberty.
But it need not be so. As it happens, our government relies upon the reason of the people - the whole people, through their representatives - as the basis of government that protects rights. Are we to rely on the decisions of 9 (most likely 5) public servants to give us the irrevocable answers for national issues? Does that sound like self-government? Rather, as Lincoln asked, why not trust in the ultimate justice of the people?
@Cato the Elder @Plainsman @Brutus1776
Yes, as a matter of fact, you are to rely on the decisions of 9/5 public servants, and that, among other questions, was decided upon in 1865 with the end of the civil war.
@Plainsman @Cato the Elder @Brutus1776
Ahh, damn! You win, Plainsman! It appears as though, despite what Thomas Jefferson, James Madison, Alexander Hamilton, or any of the other Founders said about government, a particular legislature at a particular point in time has decided for us ever-after that our government is controlled, not by the people, but by a select few. So much for democracy; it appears self-government has indeed ended after all.
Or has it, Brutus1776?
https://en.wikipedia.org/wiki/Ides_of_March
@Cato the Elder @Plainsman @Brutus1776
I see, Plainsman, so you're saying that the Supreme Court passed the 11th Amendment and thus ended the question on slavery?
Hmm... I always thought that amendments were made "whenever two thirds of both Houses shall deem it necessary" to do so, and not in fact by 5 judges. My opinion, taken from this thing here called the Constitution, would then make it a decision of the people acting in their sovereign capacity. Where did you get your idea?
I don't wonder at all what your opinion on this would be if Roberts had voted the other way in Obergefell. Or would you tell every state that had legitimized same-sex marriage that they had to consider the matter forever settled by 5 lawyers and to accept the ruling as applying to all laws in the future? Come ooonnn!
I really think you're going to want to side with Cato and I on this one.
@Cato the Elder @Plainsman @Brutus1776
If you really worked at it, do you think you could get any more pompous?
@Plainsman @Cato the Elder @Brutus1776
Sorry, that's not an argument. Try again.
Though I bet this is where you call me a racist or something and leave the conversation.
@Plainsman @Cato the Elder
Don't forget, a few lines up you insulted me by saying I don't know anything about the Constitution. I didn't complain about your sounding pompous; I responded with an argument and one based on my impoverished knowledge of the Constitution.@Brutus1776 @Cato the Elder @Plainsman
You're correct about the content of Article V, so if you and your ilk are so bloody infuriated that a segment of society you don't care for have been granted the right to marry (a basic human right according to Loving v. Virginia) AND that the First Amendment isn't being treated as all-powerful compared to the rest of the Bill of Rights, then your course is clear. Good luck.
@Brutus1776 @Plainsman @Cato the Elder
Which wasn't very good.
@Plainsman @Brutus1776 @Cato the Elder
You just don't get it, Plainsman. It is precisely the "has been granted the right" that I am disputing, and it's actually not personal--though you think it helps your argument to paint it that way. I just gave you arguments for why it is not legitimate to say that the Supreme Court has decided once and for all an interpretation of the Constitution, and what do you do? You cite another court case.
I'll ask again, had the Court ruled the other way, would you have considered the matter settled or would you have argued that the people, acting through the other branches of government and through the states have a duty also to interpret the Constitution?
@Plainsman @Brutus1776 @Cato the Elder
Ouch. Do you have to be so hurtful and discriminatory against people's arguments?
@Brutus1776 @Plainsman @Cato the Elder
Plainsman, why are you being so oppressive? I thought you were on the side of civic rights! Now you're going around putting down other people's opinions and telling others how they think, as if your opinions are the only ones that matter! If I didn't know better, I'd say you were acting like a bigot.
You let me down, Plainsman. I looked up to you, and then you let me down...
The sin of homosexuality hurts the whole society, but mostly those who practice it, it DESTROYS their whole life. Many have come to Jesus and got their life back they are so very happy to be free from this sin bondage that was destroying them. There is nothing good at all about any sin, including homosexuality, they hurt everyone in the whole society, this whole mess is a good example, you will end up with politicians caving into financial pressure to do whatever big business wants, with evil in control, just like those who arrested and crucified Jesus. Thank God, God is in control and will repay those who oppose what is good and destroy those who side with evil. It is sad for those who choose the evil, but justice will finally get them, you folks should really repent and accept Jesus for your own GOOD!!!
@Greg4Jesus And give us the examples of how it has hurt you. Besides discriminating business owners, please tell us how it has hurt society and yourself since you paint it as damaging everyone/thing. I've managed to go about my daily life with zero impact and have yet to see the fall of society or know anyone impacted by any of these decisions, religious or otherwise.
@Greg4Jesus
You're living in a fantasy world on SO many levels.
@Greg4Jesus Oh blow it out your "holy" hole, and stop pushing your fake religion on the rest of us...please!
@Joseph9341 @Greg4Jesus Why don't you stop pushing your angry arrogant hatred on us? Please.
@Plainsman @Greg4Jesus
You're alluding to a very interesting theological and epistemological discussion, Plainsman! I'm more and more surprised by the depth of your knowledge.
Greg4Jesus is obviously living in a fantasy world because he believes in a God that creates and governs the world, telling us what is right and wrong. But, based on the standard you seem to be implying, who are you to say his fantasy world isn't real? If there is no authority higher than we are that establishes an objective reality, who gets to decide what is reality and what isn't? Who gets to decide what is right and wrong? If there is no God to tell me what's true, I am whatever I want to be, and reality is whatever I want to make it! Up is down, I am a unicorn, and the thing I'm typing on right now is a truck. Who's to tell me I am wrong about any of those things, or that slavery or genocide is evil? You better not tell me what to think and try to impose your own, individual ideas about reality on me! That would be downright oppressive, fascist even. If there is no God, you may want to let Greg4Jesus alone about living in his fantasy world, and start enjoying your own.
@Cato the Elder @Plainsman @Greg4Jesus
Rather than wade through the entirety of your rather overwrought posturing, I'll instead concentrate on your fundamental point (I think) that morality requires an invisible supernatural friend.
Nonbelievers are routinely asked how people will know not to rape and murder without religion telling them not to do it, especially a religion that backs up the orders with threats of hell. When you use this argument, you terrify atheists. We hear you saying that the only thing standing between you and Ted Bundy is a flimsy belief in a supernatural being made up by pre-literate people trying to figure out where the rain came from. This is not very reassuring if you’re trying to argue from a position of moral superiority.
If anything, atheism correlates to better behavior on average. Atheists are under-represented in prison, for instance, and more religious nations have higher rates of violent crime, teen pregnancy, early adult mortality and even abortion. But setting the numbers aside, we can see that even religious people generally believe that morality exists outside of religion. After all, most religious people condemn people who commit acts of evil in the name of religion. If religiosity were the measure of morality, terrorists who murder in the name of God would be more moral than atheists who pay their taxes and give to charity. You’ll find few believers agreeing that a murderous terrorist for God is a better person than a nonviolent atheist, showing that believers grasp that morality doesn’t come from religion, but that we can measure religious claims against our pre-existing understanding of morality.
The constitution protects religious liberty, but that has been eroded. But it's good to know that I can force a muslim restaurant to make me a Bar-B-Pork sandwich now that there is legal, president for it, and force them out of business if they don't. The problem is not with religion, it is with government who allows people to force you to do things that are contrary to you religion. Deal is a tyrant on this one, clearly thwarting the will of the people who oppose tyrannical government. The government has over stepped it's constitutional boundaries and it's necessary to put that back in the bottle and cork it. No, Deal is wrong and foolish on this one, I would add sorely ignorant.
@Booger_Hairfoot
That's "precedent", Einstein, and the only ignoramus here seems to be yourself. As for the Constitution, you really ought to familiarize yourself with the equal protection clause of the 14th Amendment, which protects homosexuals as well as yourself.
@Plainsman @Booger_Hairfoot
Thank you for that spell-check, Plainsman! Good for you, educating all of us mere plebians.
As you seem to be quite the 14th Amendment warrior (as most lawyers are these days), you may want to go and familiarize yourself with 1) the first ten amendments and 2) what Lincoln said in his first inaugural address regarding how precedent is set by the judiciary, which is conveniently quote above for you to peruse.
Here's one question to that end: Is bad precedent (specifically all the bad precedent resulting from equal protetion clause litigation) necessarily inevitably binding precedent?
Here's another question: What, exactly, is a civil right? Do they include being able to do business with everyone, whether certain business-owners like it or not? Does one's "fundamental rights" including being able to buy wedding cakes in Colorado? What about the right of using one's property as one wishes, also called the right to property? What about a person's right to their own thoughts and opinions? Boy, those seems like pretty fundamental rights to me, maybe the fundamental rights. I'll admit: discrimination can be mean, and I don't like seeing anyone with their feelings hurt; but should we really forego the rights of conscience and property just to make sure we don't make some people sad?@Cato the Elder @Plainsman @Booger_Hairfoot
Lincoln's opinion notwithstanding, you would do well to review the implications of the separation of powers in general and Marbury v. Madison in particular. Beyond that, I would just repeat what I've said previously; freedom of religion doesn't mean the freedom to oppress. Like it or not, homosexuals now have the right to marry, and if an anti-discrimination statute which covers sexual preference is in effect, they have a right to be served - period. This condition has already been ruled constitutional in federal court regarding an Oregon case. And BTW, I also wouldn't count on any federal precedent regarding the rights of homosexuals being overturned anytime soon.
@Plainsman @Cato the Elder @Booger_Hairfoot
Oh, so I see we have created a new right! That's good to know that rights can be created and destroyed at the whim of a handful of court justices, or the swaying of political opinion.
I would ask you what you define as "oppression." To Brutus' point above, we might want to think about the difference between oppression and discrimination. Let's say I don't want to marry a person because of their height or the color of their hair (maybe I realllly hate red-heads); that's discrimination, but is it oppression? Likewise with business: what if a restaurant owned by wealthy Muslims does not want to serve food to infidels or Jews? That's definitely discrimination, but oppression? Should they be forced to serve them regardless of their religious ideas?
Given what you are saying about what the Supreme Court has the power to do, I would as you to review the separation of powers doctrine, both what Marshall says in Marbury v. Madison and what Publius talks about in the Federalist Papers regarding the judiciary. The phrase "judicial legislation" comes to mind, specifically the recent Obergefell v. Hodges case. The judiciary's power is over the Constitution, which, as we have established, says nothing about what marriage is. If the judiciary is going to be "active," it must be in terms of the Constitution, not in terms of what the contemporary political tides want to determine as a new "right." I'll let you in on my beef with the 14th amendment: it has allowed generations of judges to define what they want "equality" or "liberty" to actually mean, usually in terms of the latest philosophical trend.
To your last point, about federal precedent getting overturned, I have to give it to you on that one. Public opinion is such today that will bend with whatever ideas of "equality" post-modern identity liberalism will throw at it. As it happens, however, I am concerned with what is right or true in terms of justice, not in swaying political opinion. The slaves living in Alabama in 1850 had no reason to suspect slavery would be overturned anytime soon or the public opinion that supported it, but did that make slavery good or right?@Cato the Elder @Plainsman @Booger_Hairfoot
I'm not sure how you can refer to this particular 14th Amendment ruling as a current fad, since same-sex marriage had never been approached as as a 14th Amendment question before. But if you still want to talk in terms of trends, even as a purely religious question, the position of the church on these matters has also changed at various times in history.
I personally think Iowa's same-sex marriage position summed up the logic of all such rulings rather well:
"Our responsibility is to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time."
"We are firmly convinced the exclusion of gay and lesbian people from the institution of civil marriage does not substantially further any important governmental objective. The legislature has excluded a historically disfavored class of persons from a supremely important civil institution without a constitutionally sufficient justification. There is no material fact, genuinely in dispute, that can affect this determination."
You apparently disagree with this opinion, but it will stand nonetheless.
I'm pretty sure you won't find pork BBQ sandwiches at A Muslim-run restaurant, but either way if I was Muslim and didn't eat pork I wouldn't care about selling it to someone else, especially when there is money to be made!