** Loving **
In a comment to @paul #46546 , @libertad wrote
Obama was born in 1961 in Hawaii to an interracial couple but his parents' marriage was not legally recognized in 16 states. In those states it was illegal for a white person and a person of color* to marry or live together as husband and wife. It was a felony punishable by jail time of one to five years. In Loving v. Virginia in 1967, the Supreme Court held that anti-miscegenation laws could no longer be enforced.
In some senses, this has happened before and will happen again.
Remember Romer v. Evans? Colorado voters had passed a state constitutional amendment that prohibited its jurisdictions from passing any ordinances or laws that gave equal protection rights to gays (nondiscrimination in housing, work, etc.). The Supreme Court tossed it. That was 1996.
In Bowers v. Hardwick (1986), the court upheld the constitutionality of sodomy laws but overturned that decision in 2003 with Lawrence v. Texas. That's pretty damned recent. There are still sex-toy bans on the books in some southern states and two federal appeals courts have had different rulings on challenges to those bans, so look for that to be an issue eventually.
Things are changing and will keep changing. Yes, I'm very disappointed in the California Prop 8 ban and sad for my high school friend Jess who got married there last week, but I wouldn't be surprised if in a few years it gets knocked down, either by another proposition or a by a Supreme Court ruling. I think and hope that NYS will be the first to have legislatively enacted marriage rights for same-sex couples, which will provide a solid basis for legal challenges to other things. Eventually the federal Defense of Marriage Act will be knocked down, hopefully on an equal protection basis. The sodomy and sex-toy rulings have been on a right to privacy basis (like Roe v. Wade).
Why don't we put it to vote whether whites and blacks should marry? *hypothetical* This is really not acceptable and neither is anti-gay marriage referendums.
Obama was born in 1961 in Hawaii to an interracial couple but his parents' marriage was not legally recognized in 16 states. In those states it was illegal for a white person and a person of color* to marry or live together as husband and wife. It was a felony punishable by jail time of one to five years. In Loving v. Virginia in 1967, the Supreme Court held that anti-miscegenation laws could no longer be enforced.
In some senses, this has happened before and will happen again.
Remember Romer v. Evans? Colorado voters had passed a state constitutional amendment that prohibited its jurisdictions from passing any ordinances or laws that gave equal protection rights to gays (nondiscrimination in housing, work, etc.). The Supreme Court tossed it. That was 1996.
In Bowers v. Hardwick (1986), the court upheld the constitutionality of sodomy laws but overturned that decision in 2003 with Lawrence v. Texas. That's pretty damned recent. There are still sex-toy bans on the books in some southern states and two federal appeals courts have had different rulings on challenges to those bans, so look for that to be an issue eventually.
Things are changing and will keep changing. Yes, I'm very disappointed in the California Prop 8 ban and sad for my high school friend Jess who got married there last week, but I wouldn't be surprised if in a few years it gets knocked down, either by another proposition or a by a Supreme Court ruling. I think and hope that NYS will be the first to have legislatively enacted marriage rights for same-sex couples, which will provide a solid basis for legal challenges to other things. Eventually the federal Defense of Marriage Act will be knocked down, hopefully on an equal protection basis. The sodomy and sex-toy rulings have been on a right to privacy basis (like Roe v. Wade).
- In some states, it was just blacks, in others it was Blacks and certain other racial groups, in some it was all nonwhites.