Indianapolis, IN asked in Constitutional Law for Indiana

Q: Does the Legislators have the power to make a vote upon their religion?

I attended a public hearing of the topic 'HJR6'(at the time, now HJR3), and one of the legistlators made a comment after they made their vote on whether to pass the proposition on to the house, and she said "I would like to comment on why I voted for HJR6, I believe that god has us humans here to populate, and with same sex marriage that goes against those morals", I am just confused as to how these legislators are making it clear they are voting from a religious standpoint, and in our constitution, Thomas Jefferson made very clear "I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State." But that is not being followed through? Please help me understand. Thank you so much!!!

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1 Lawyer Answer

A: You have not given enough basic facts and your question is confusing. This whole area of the law is quite complex, and yours is not just a basic question, but requires a heck of a lot of research to be able to answer.

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