Seawytch
Information isnt Advocacy
The Loving case is refered to constantly by gay marriage advocates as an appeal to emotion tho they know...or should that it is irrelevant to their case.At least Loving followed the technical aspect of the law, but I see no reason government should be involved in all the things it insists on being involved with and the people go along with. Government should be a referee, not a kindergarten teacher. Gay judges are just making up law though.Yes, according to Gallup, interracial marriage didn't enjoy majority support of voters until the mid 1990s.The 90s? LOL, I lived in Virgina many years, you're full of shit. Courts have done far more damage making law than the few things they have done right.Because it wouldn't have passed until the 90s...in some states it still might not.Why is that a good thing?
So, you think Loving was a bad decision?
Quoting Wikipedia on Loving v Virginia:
Chief Justice Earl Warren's opinion for the unanimous court held that:
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“ 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. ”
The court concluded that anti-miscegenation laws were racist and had been enacted to perpetuate white supremacy:
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“ There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy. ”
Associate Justice Potter Stewart filed a brief concurring opinion. He reiterated his opinion from McLaughlin v. Florida that "it is simply not possible for a state law to be valid under our Constitution which makes the criminality of an act depend upon the race of the actor."
Guess what? The courts are concluding that anti gay laws are based solely on animus towards gay people. They are being struck down left and right for just that reason. There is no difference between discrimination based on race and discrimination based on gender.
It was argued for almost 100 years that anti miscegenation laws were not discrimination because it affected blacks and whites equally. They argued (kinda like Kaz is) that blacks could marry blacks and whites could marry whites and therefore no discrimination occurred.