Previously I wrote:
One of the many examples of Right Wing distortion and disingenuousness comes when the concept of church-state separation is discussed. You have all heard this one -- "The separation of Church and State does not appear in the Constitution." The argument is that Thomas Jefferson invented the concept in an 1802 letter to a church group. This is, in a word, false. The First Amendment states expressly that the State can not be involved in religion:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .
Did anyone miss that? Congress (which means all government through the incorporation doctrine of the Fourteenth Amendment) shall make NO LAW respecting establishment of religion. One more time, NO LAW. None. Zero. Zip. Nada. Any ambiguity there? Is the plain meaning of the text in doubt?
But where does it say church/state separation? Repeat and rinse. NO LAW. The fact that the State can make no law on establishment of religion separates the State from religion absolutely and entirely. That is what the text plainly and unmistakably says. Now we all know the Supreme Court, in acts of activism that please the Right, decided that NO LAW did not really mean NO LAW. And we live with the Lemon test, more or less, today. But make no mistake, the First Amendment expressly separates that State from religion by prohibiting all laws regarding establishment of religion.
As Yglesias frames his examples, the hypothetical laws are all religiously motivated. That is simply a no no. but imagine instead that say, the prohiitions against alcohol consumption or eating pork were instead health based? Obviously then, there would be no First Amendment problem. The more interesting question is would Yglesias' objections still stand? Are his objections REALLY politically based beyond what is in the Constitution? Isn't his objection to the motivation of the proposed laws? I think so.
The questions of believing homosexuality should be criminalized or discriminating based on religion are also prohibited by the Consititution. In Lawrence v. Texas, the SCOTUS ruled, roughly, that the liberty provision of the Due Process Clause prohibited government interference with private sexual conduct.
And of course the Equal Protection Clause prohibits discrimination based on religion.
The First Amendment. The Separation of Church and State. These are the political tenets that the Founders cherished. They are fundamental.
It is not extremist imo to believe in religion. It is extremist to believe religion can intrude on the State or the State can intrude on Religion.