I notice that those associated with a certain political persuasion want to obsess over what they call constitutionality, what is legally permissible under the Constitution. It's as if they believe that what is legal or illegal in relation to a 200 year old document is automatically ethically correct and morally unassailable?
Which is the higher standard, what is lawful or what is ethical? Anyone who opposes any law, implies a higher standard by which to judge laws. Of course, if one admits to ethics being a superior measure of what is right and proper, then we still need to seek an ethical standard.
In that respect, many point to the Bible. That may seem simple enough; but, in reality, the Bible represents an evolving ethical standard. The Old Testament is law oriented. In the New Testament, the words of Jesus pointed mankind to a higher standard, a principle which he not only taught but demonstrated in his lifestyle. That principle was universal love, and he made the principle concrete in the Golden Rule.
The implications of operating collectively under such an exalted principle have left the church and church sponsored civil government at a complete loss. So, the church and the government have simply reverted back to Old Testament Judaism as the standard, endlessly citing the Ten Commandments and obedience to the law as the basis for society. We have simply abandoned the notion of ethics in favor of legalism and, in the process, replaced Jesus with Moses.