The Gross National Debt

Tuesday, June 24, 2014

Some questions for same gender marriage Part II


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In part 1, we looked at two definitive SCOTUS cases on marriage.

I pick up now on the Loving v. Virginia case and your relations with another consenting and mentally capable adult. This case revolves around whether or not interracial marriage is a criminal offense.

I cannot find any examples of a same-gender couple being arrested in the United States on the charge of being in a same-gender marriage. My search was far from exhaustive. I did find an article stating “Texas, like many other states, outright bans issuing marriage licenses to same-sex couples. Any official who issues a license to a same-sex couple can face misdemeanor criminal charges.”  Yes, I understand people are so arrested in other countries, but I don’t live there.

I can find plenty of articles stating certain states do not recognize same gender marriages performed in another state. Refusing to recognize is not the same thing as a criminal offense.

The SCOTUS ruling states basing a criminal offense on race is extremely questionable. “Indeed, two members of this Court have already stated that they cannot conceive of a valid legislative purpose . . . which makes the color of a person's skin the test of whether his conduct is a criminal offense.” and “There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.”

Writing for himself in a concurring opinion, J Stewart said, “I have previously expressed the belief that "it is simply not possible for a state law to be valid under our Constitution which makes the criminality of an act depend upon the race of the actor." McLaughlin v. Florida, 379 U.S. 184, 198 (concurring opinion).”

I have to point out race is a matter of genetics and ancestry. More on this in subsequent posts.

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