Today, the California Proposition 8 case is before the federal court. The judge will hear hear arguments in a motion to vacate Judge Vaughn Walker’s August 2010 decision that California’s Proposition 8 is unconstitutional. For up-to-date trial information, go to Prop 8 Trial Tracker.
Some 44 years ago, the United States Supreme Court issued its ruling in the landmark case, Loving v. Virginia. The Justices wrote:
“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 Loving case has important parallels to the same-sex marriage argument. American Foundation for Equal Rights released the following video yesterday in commemoration of the 44th anniversary of the Loving decision and the upcoming arguments in the Proposition 8 (Perry) case:
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copyright 2011 Irene C. Olszewski