By making marriage a religious institution and excluding gays and lesbians from marriage, based on religious justification. The state of Louisiana has violated the separation clause of the Constitution. This angle is not equal protection, but the religious freedom angle, which has NOT been used as it should.

If marriage is a religious institution, as many have argued, than the state has no right to define it or prohibit it. If marriage is a civil institution, which it is, than to deny it to gays and lesbians violates the equal protection clause. But even more so, if the state, by way of legislature or amendment process, tries to super-impose religious(even widely held religious) definition, restrictions and qualities upon a civil institution then not only does one violate equal protection but the 1st Amendment’s guarantee of Freedom of Religion itself. To define marriage as between one man and one woman exclusively, based on religious justification, violates the freedom of religion of those gays and lesbians who feel religiously justified in believing marriage is between two men, two women or man and woman. The state of Louisiana has effectively said that Catholic marriage rules are valid, but United Church of Christ rules are not. This would qualify as an “establishment of religion” as well as “prohibition of the free excercise thereof” because the prohibition of same-sex marriage prevents the MCC, UCC and other gay affirming denominations the right to bless a marriage according to the dictates of their own faith.