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There is a fundamental similarity between the persecution of individuals who engage in consenting homosexual activity in private, or who ingest, inject, or smoke various substances that alter their feelings and thoughts—and the traditional persecution of men for their religion. ... What all of these persecutions have in common is that the victims are harassed by the majority not because they engage in overtly aggressive or destructive acts, ... but because their conduct or appearance offends a group intolerant to and threatened by human differences.
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pp. 208-209

 

Thomas Szasz

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The issue presented is whether the Federal Constitution confers a fundamental right upon homosexuals to engage in sodomy, and hence invalidates the laws of the many States that still make such conduct illegal, and have done so for a very long time…. Respondent would have us announce, as the Court of Appeals did, a fundamental right to engage in homosexual sodomy. This we are quite unwilling to do.

 

Byron White

 

It was the excess to which imaginary systems of religion had been carried, and the intolerance, persecutions, burnings, and massacres, they occasioned, that first induced certain persons to propagate infidelity; thinking, that upon the whole, that it was better not to believe at all, than to believe a multitude of things and complicated creeds, that occasioned so much mischief in the world. But those days are past, persecution has ceased, and the antidote then set up against it has no longer even the shadow of apology. We profess, and we proclaim in peace, the pure, unmixed, comfortable, and rational belief of a God, as manifested to us in the universe. We do this without any apprehension of that belief being made a cause of persecution as other beliefs have been, or of suffering.persecution ourselves. To God, and not to man, are all men to account for their belief.

 

Thomas Paine

 

Spirituality is the master key of the Indian mind. It is this dominant inclination of India which gives character to all the expressions of her culture. In fact, they have grown out of her inborn spiritual tendency of which her religion is a natural out flowering. The Indian mind has always realized that the Supreme is the Infinite and perceived that to the soul in Nature the Infinite must always present itself in an infinite variety of aspects. The aggressive and quite illogical idea of a single religion for all mankind, a religion universal by the very force of its narrowness, one set of dogmas, one cult, one system of ceremonies, one ecclesiastical ordinance, one array of prohibitions and injunctions which all minds must accept on peril of persecution by men and spiritual rejection or eternal punishment by God, that grotesque creation of human unreason which has been the parent of so much intolerance, cruelty and obscurantism and aggressive fanaticism, has never been able to take firm hold of the Indian mentality.

 

Sri Aurobindo

 

"From the perspective of scripting theory, same-gender erotic preferences are elicited and shaped by the systems of meaning offered for conduct in a culture. What is usually construed as culture against "man" or culture against nature is thus actually conflict among differently enculturated individuals or groups.
What is required is a constant recognition that acts of usage and explanation are acts of social control in the strong sense, that "homosexual" and "homosexuality" are names that have been imposed on some persons and their conduct by other persons - and that this imposition has carried the right of the latter to tell the former the origins, meaning, and virtue of their conduct."

 

John Gagnon

 

The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion and is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce nonobserving individuals or not. This is not to say, of course, that laws officially prescribing a particular form of religious worship do not involve coercion of such individuals. When the power, prestige and financial support of government is placed behind a particular religious belief, the indirect coercive pressure upon religious minorities to conform to the prevailing officially approved religion is plain. But the purposes underlying the Establishment Clause go much further than that. Its first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and to degrade religion. The history of governmentally established religion, both in England and in this country, showed that whenever government had allied itself with one particular form of religion, the inevitable result had been that it had incurred the hatred, disrespect and even contempt of those who held contrary beliefs. That same history showed that many people had lost their respect for any religion that had relied upon the support of government to spread its faith. The Establishment Clause thus stands as an expression of principle on the part of the Founders of our Constitution that religion is too personal, too sacred, too holy, to permit its "unhallowed perversion" by a civil magistrate. Another purpose of the Establishment Clause rested upon an awareness of the historical fact that governmentally established religions and religious persecutions go hand in hand. The Founders knew that only a few years after the Book of Common Prayer became the only accepted form of religious services in the established Church of England, an Act of Uniformity was passed to compel all Englishmen to attend those services and to make it a criminal offense to conduct or attend religious gatherings of any other kind-- a law which was consistently flouted by dissenting religious groups in England and which contributed to widespread persecutions of people like John Bunyan who persisted in holding "unlawful [religious] meetings . . . to the great disturbance and distraction of the good subjects of this kingdom . . . ." And they knew that similar persecutions had received the sanction of law in several of the colonies in this country soon after the establishment of official religions in those colonies. It was in large part to get completely away from this sort of systematic religious persecution that the Founders brought into being our Nation, our Constitution, and our Bill of Rights with its prohibition against any governmental establishment of religion.

 

Hugo Black