Following is the decision of the Supreme Court in Loving v. Virginia, the case that overturned bans on interracial marriage as unconstitutional. I have substituted “same-sex” language for “interracial” language.
The court spoke unanimously in Loving, “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 gender (racial) classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the 14th Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The 14th Amendment requires that the freedom of choice to marry not be restricted by invidious sexual (racial) discrimination. Under our Constitution, the freedom to marry, or not marry, a person of the same sex (another race) resides with the individual and cannot be infringed by the State.”
Opponents of the recent “gay marriage” decision are obligated to explain why there is a right to interracial marriage but not to same-sex marriage. To be consistent, anyone, justices included, who opposes the court’s majority in the “gay marriage” decision must also favor bans on interracial marriage.