I have long noted the disconnect among opponents of same-sex marriage, who make the exact same arguments that were made against the overturning of miscegenation laws but refuse to apply their reasoning consistently because they can’t admit that they would have said the same thing in 1967. But Brian Camenker of MassResistance will admit it:
On the face of it, the Fourteenth Amendment says that everybody will be treated equally, that the law will treat everyone equally. Well, the law treats everyone equally; everyone can only marry someone of the opposite sex. That’s it. There is no Fourteenth Amendment problem unless you stretch it to such ridiculous lengths and twist it around to claim there is. But yes, every person can only marry someone of the opposite sex. Now someone may say that it was the same issue with the miscegenation laws. And that’s true. The miscegenation laws were not a violation of the Fourteenth Amendment because they applied to everybody. As an aside, I was living in the South at the time when the miscegenation laws were struck down and the interesting thing about that was, nobody paid any attention to it, nobody cared, it was like page 25 in the newspaper, there weren’t these signature drives or meetings and gatherings. Nobody really cared at all. Here it is a much different thing because it really is a moral issue.
Well that’s stupid and dishonest, but at least it’s intellectually consistent. And I have no idea why he thinks the furious reaction to a ruling has anything at all to do with the legitimacy of that ruling. It’s true that the reaction to Loving was relatively muted, but that’s irrelevant. The reaction to Brown v Board of Education was rage and defiance, but that doesn’t mean it isn’t the correct ruling.
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