@ druscilla the misfit
Loving v. Virginia is different because it defied precedent (ie, other Supreme Court cases said it was fine to criminalize interracial marriage and the court came out of left field so to speak in Loving v. Virginia by overturning precedent), as opposed to this case which creates the precedent that states can define marriage as they choose. If anything, they rejected the principles outlined in Loving v. Virginia
"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
Marriage is not a civil right, based on this new ruling. It's a privilege to be provided by states under their own terms. Every other line in the majority opinion is "deemed by the state". So, this isn't about "gay" rights at all, it's about state rights. It's just as much a win for conservative states as it is for places where gay marriage is legal. Until we have a case like Loving v. Virginia that says marriage rights cannot be infringed upon by the states, I don't think anythings going to change... and I don't see a ruling like that coming from the current Supreme Court. The only reason the states "holding out" legalized interracial marriage is because of loving v. virginia... they wouldn't have done it on their own. (Didn't Alabama just recently even recognize that decision?)
http://www.washingtonpost.com/business/capitalbusiness/private-companies-grapple-with-supreme-courts-doma-decision/2013/06/28/4225ae28-df6c-11e2-b2d4-ea6d8f477a01_story.html
This is another reason why this was a cop-out, terrible decision. It's so unclear.
Loving v. Virginia is different because it defied precedent (ie, other Supreme Court cases said it was fine to criminalize interracial marriage and the court came out of left field so to speak in Loving v. Virginia by overturning precedent), as opposed to this case which creates the precedent that states can define marriage as they choose. If anything, they rejected the principles outlined in Loving v. Virginia
"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
Marriage is not a civil right, based on this new ruling. It's a privilege to be provided by states under their own terms. Every other line in the majority opinion is "deemed by the state". So, this isn't about "gay" rights at all, it's about state rights. It's just as much a win for conservative states as it is for places where gay marriage is legal. Until we have a case like Loving v. Virginia that says marriage rights cannot be infringed upon by the states, I don't think anythings going to change... and I don't see a ruling like that coming from the current Supreme Court. The only reason the states "holding out" legalized interracial marriage is because of loving v. virginia... they wouldn't have done it on their own. (Didn't Alabama just recently even recognize that decision?)
http://www.washingtonpost.com/business/capitalbusiness/private-companies-grapple-with-supreme-courts-doma-decision/2013/06/28/4225ae28-df6c-11e2-b2d4-ea6d8f477a01_story.html
This is another reason why this was a cop-out, terrible decision. It's so unclear.
June 29th, 2013 at 06:28pm