Wednesday, April 06, 2005
Miscegenation and same-sex marriage
I mentioned earlier that the repeal of the anti-miscegenation laws are a precedent for same-sex marriage. Here is a bit of history on that topic:
Jax
PS
We are in the midst of an attempt to ground a category of discrimination in the fundamental social bedrock of marriage law. I would argue that it is virtually impossible to understand the current debate over same-sex marriage without first understanding the history of American miscegenation laws and the long legal fight against them, if only because both supporters and opponents of same-sex marriage come to this debate, knowing or unknowingly, wielding rhetorical tools forged during the history of miscegenation law. The arguments white supremacists used to justify for miscegenation laws--that interracial marriages were contrary to God's will or somehow unnatural--are echoed today by the most conservative opponents of same-sex marriage. And supporters of same-sex marriage base their cases on the equal protection clause of the Fourteenth Amendment, echoing the position the U.S. Supreme Court took when it declared miscegenation laws unconstitutional in the case of Loving v. Virginia. Both sides confront the structures of marriage law exclusion that were also forged during the history of miscegenation, including, as I show below, the legal maneuvering over the seemingly minor bureaucratic practice of issuing marriage licenses.
(The rest of the story)
Jax
PS
We are in the midst of an attempt to ground a category of discrimination in the fundamental social bedrock of marriage law. I would argue that it is virtually impossible to understand the current debate over same-sex marriage without first understanding the history of American miscegenation laws and the long legal fight against them, if only because both supporters and opponents of same-sex marriage come to this debate, knowing or unknowingly, wielding rhetorical tools forged during the history of miscegenation law. The arguments white supremacists used to justify for miscegenation laws--that interracial marriages were contrary to God's will or somehow unnatural--are echoed today by the most conservative opponents of same-sex marriage. And supporters of same-sex marriage base their cases on the equal protection clause of the Fourteenth Amendment, echoing the position the U.S. Supreme Court took when it declared miscegenation laws unconstitutional in the case of Loving v. Virginia. Both sides confront the structures of marriage law exclusion that were also forged during the history of miscegenation, including, as I show below, the legal maneuvering over the seemingly minor bureaucratic practice of issuing marriage licenses.
(The rest of the story)
