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Gay marriage bans must recede into history
Last edited Fri Mar 28, 2014, 07:14 AM - Edit history (1)
My latest Detroit News blog post.
As late as 1967, it was illegal in many states for a white person to marry a black person. Depending on the year and where you lived, state anti-miscegenation laws also prohibited marriage between whites and native Americans, Asians, Filipinos or native Hawaiians.
That’s because, until the landmark U.S. Supreme Court decision in Loving v. Virginia, states could and did reserve the right to define marriage that way. The era of anti-miscegenation laws ended only when the high court ruled that they violated the 14th Amendment of the Constitution — the same amendment cited by U.S. District Judge Bernard Friedman when he struck down Michigan’s same-sex marriage ban.
Whether Friedman’s decision will hold up to further scrutiny is hard to say. Implementation of it is on hold, thanks to a stay order issued by the 6th Circuit Court of Appeals.
There are, however, compelling ethical and legal reasons why Friedman’s ruling should be upheld. Chief among them: There are times when “the will of the people” should not be honored by the courts.
More here: http://blogs.detroitnews.com/politics/2014/03/27/end-gay-marriage-bans/
That’s because, until the landmark U.S. Supreme Court decision in Loving v. Virginia, states could and did reserve the right to define marriage that way. The era of anti-miscegenation laws ended only when the high court ruled that they violated the 14th Amendment of the Constitution — the same amendment cited by U.S. District Judge Bernard Friedman when he struck down Michigan’s same-sex marriage ban.
Whether Friedman’s decision will hold up to further scrutiny is hard to say. Implementation of it is on hold, thanks to a stay order issued by the 6th Circuit Court of Appeals.
There are, however, compelling ethical and legal reasons why Friedman’s ruling should be upheld. Chief among them: There are times when “the will of the people” should not be honored by the courts.
More here: http://blogs.detroitnews.com/politics/2014/03/27/end-gay-marriage-bans/
