Nobody looks @ it in terms of precedent. Say if same-sex was legalized and a pastor refused to marry a couple then that would be in violation of federal and/or state law/mandates. When it would go to the SC it would mean that the Separation of Church and State would be null and void in theory. After that decision, the SC could interpret what a church/synagogue/mosque does as fair game for state and fed lawyers. Could you imagine a case like Massachusetts v. ____ Church? It would wreck the Jeffersonian model.







