Even if same sex marriage were the law on a federal level, it is not, then neither the first or Fourteenth Amendment would grant it and impose it upon states. In Reynolds v. United States, the U.S. Supreme Court had the examine the writings or Thomas Jefferson on the subject and concluded that the right to freely exercise religion included the "right to conscience" and the right to hold and speak about 'heretical opinions." but it did not include the right to 'do things that would otherwise violate the criminal law. Homosexuality and same sex marriage were illegal at the writing of both the first and Fourteenth Amendment.

The right to enslave other whites, blacks, your wife, or neighbor is no where found in the constitution. When examining the complex area of separation of church and state, people often overlook the fact that there is much the members of the Court have agreed on. At the same time a wall of separation between church and state was established, a majority of the Court have consistently believed that governments can accommodate religion in many situations. When dealing with the use of religious symbols by government, the court decided that some recognition of the religious nature of the country is permissible, as long as it does not go to fair ins sending a message of endorsement of a particular religion. Since secularism is not a religion, when it is apparent that religions are not in conflict then the laws of the land can be unilaterally applied even it they seem to support religion. Such as laws against murder, incest, polygamy, theft, rape, pedophilia and same sex marriage.