Pope suggests blessings for same-sex unions possible in response to 5 conservative cardinals
5 conservative cardinals challenge pope to affirm church teaching on gays and women ahead of meeting
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Because of those pesky human rights that mandate "freedom of religion" or whatever.
I mean it kinda does with the whole "freedom of expression" thing it has.
I could be wrong on this, but that's how I interperted it.
No clue about the constitution, since I am not american, but it would be logical to think that the religous can rule as long as they don't break other human rights.