Thursday, June 12, 2008

On This Date

June 12, 1967: The Supreme Court ruled that state laws banning inter-racial marriage were unconstitutional.


Mildred and Richard Loving

That makes today Loving Day.

The decision read, in part:

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.

I’d say the same logic applies to same-sex marriage, but then that would be “judicial activism,” wouldn’t it?