People always bring up Loving v. Virginia and how they struck down the Racial Integrity Act as discriminatory according to the 14th amendment as an argument that DOMA is also discriminatory according to the 14th amendment.
But the RIA made it illegal for whites to marry non-whites, which is clearly discriminatory.
Define marriage as between one man and one woman does not necessarily discriminate and is applied to everyone equally.
We could come up with something else, say Contract X, that can only be made between people of the same eye color and that wouldn't be discriminatory either. Its just defining the terms of the contract, and it applies to everyone the same.
CS, you're smarter than that.
The miscegenation laws struck down in Loving v. Virginia were the same thing. Granted, a Hispanic person could marry a black person but not a Caucasian; however, everyone
was able to marry within the confines of the law - blacks could marry, as long as their chosen partner was not white.
So too with gay marriage - under Prop h8, everyone is able to get married...as long as their chosen partner is not of the same gender.
Look at the
decision for Loving v. Virginia.
quote:
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.
Tell me that doesn't carry direct parallels to the issue of homosexual marriage today.
The Supreme Court has ruled on multiple occasions that the State has
no compelling interest in restricting which consenting adults may or may not be married, and that the choice of whom to marry is reserved exclusively for the individuals.
Homosexuals are being denied the right to marry
the person of their choice by the State
for no compelling reason at all. Even
if it were granted that the application of the Loving v. Virginia decision to homosexuals were flimsy (and it's not), the State still has
no compelling interest to deny gays the right to marry the partner of their choice. At all. None. Zip. Zilch.