Loving V. Virginia

46th Anniversary Of Loving V. Virginia Supreme Court Case, And Still Racism Is Alive!

In 1967, on this date, the Supreme Court declared interracial marriage constitutional, and yet even today, there are still 14 percent of the American people, in a poll, who deplore that people of different races may marry.

The answer is that we now have one of seven marriages as interracial, and if bigots do not like it, so be it, but the world is not going to bow to their hate and prejudice!

And the same thing needs to apply to gay marriage, which faces a Supreme Court test in the next two weeks!

Whatever the Supreme Court does by the end of June, gay marriage is here to stay, and if the bigots do not like it, who cares? It is none of their business whether two men or two women marry, any more than whether a man and woman of different races marry!

And since many of these bigots claim to be “good Christians” on both issues, they need to look in the mirror as to their religious beliefs, why in the name of Jesus Christ, a Jew, they feel a need to hate people because of their race or sexual orientation!

Momentous Supreme Court Month Coming Up: Gay Marriage, Affirmative Action, Voting Rights Act Cases To Be Decided

The United States Supreme Court is entering its last month of the present session, and as usual, is leaving its most blockbuster decisions to the last weeks of its term.

Every June is momentous on the Supreme Court, as for instance, the upholding of the Obama Health Care Plan last June.

But this June is possibly more crucial when looking at history, as well as the issue of civil rights and civil liberties!

The most important cases are on Gay Marriage, Affirmative Action, and the Voting Rights Act of 1965.

With so much at stake, with 13 states having legalized gay marriage, and more to come in the next year, it would be wonderful if the Supreme Court went the whole distance, as it did in Loving V. Virginia on interracial marriage in 1967. It would be a major victory for civil rights and civil liberties, and stop the right wing attempt to fight gay marriage dead in its tracks! The hate mongering would go on, but if the Court ruled that two men or two women can be married, it could not be overcome by religious extremists by law!

Affirmative Action has been in effect since 1972, and remains highly controversial, but is now in danger or being ended as a method to promote the advancement of minority groups and women.

The Voting Rights Act, first passed in 1965, and renewed in 1982 and 2006, is now in danger of being curbed or ended, on the false basis that the record of Southern and other states on voting rights in the past no longer applies, but that leaves open the possibility of new voting rights violations in the future.

It is assumed that there are four votes on the Court to uphold all three cases–those of Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, and Elana Kagan.

It is also assumed that three votes to prevent gay marriage and end affirmative action and the Voting Rights Act are certain–those of Antonin Scalia, Clarence Thomas, and Samuel Alito.

It would be a major surprise if any of these seven votes ended up differently.

The two “swing” votes are those of Chief Justice John Roberts, who has become somewhat unpredictable after, surprisingly, backing ObamaCare last June; and Associate Justice Anthony Kennedy, the true “swing” vote alone, since Sandra Day O’Connor left the Court seven years ago.

Will Kennedy side with the liberals on the Court on all three cases? It seems highly unlikely at this point, but a good bet on gay marriage at the least, but the Court could choose to decide that case in a very limited manner, not an all encompassing decision.

We shall see on all three cases very soon!

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!

Gay Marriage Acceptable To Majority In New Washington Post-ABC News Poll

It is now clear that the American people recognize that homosexuality is not a choice, but is the way some people are born,

58 percent of those polled thought gay marriage should be legalized, as compared to 36 percent who disagreed with the concept.. The numbers have almost exactly switched in the past ten years.

Among young people, support is at an all time high of 81 percent, with 50 percent of the elderly against it. And a small majority of Republicans and Independents under the age of 50 support gay marriage, although 70 percent of Republicans over the age of 65 oppose it, down from 80 percent.

Overall, 72 percent of Democrats, 62 percent of Independents, and 59 percent of Republicans support gay marriage.

Overall, 62 percent of all polled feel that the Supreme Court should decide the issue of gay marriage on a national level and based on the US Constitution, not allowing state by state, much like the Loving V. Virginia case on interracial marriage decided the issue nationally in 1967.

This week, what could be the most dynamic case of the Court in many years will be argued on the constitutionality of the Defense Of Marriage Act of 1996, and Proposition 8 of the state of California. The decision could transform American society in a dramatic way!

Hillary Clinton’s Endorsement Of Gay Marriage: What It Portends

Former Secretary of State Hillary Clinton has finally endorsed gay marriage in a strong public statement, mirroring her husband’s statement that the Defense of Marriage Act, passed during his Presidency in 1996, was a mistake, and that it was time for it to be repealed.

Hillary Clinton has always been a strong supporter of gay rights, but avoided gay marriage until now.

The question is why, and there are three answers:

The Supreme Court is about to hear a case that could transform this nation on the subject of marriage, unlike anything since Loving V Virginia in 1967, which finally declared interracial marriage to be constitutional. Extra pressure on the Court at a time like this cannot help but possibly influence Justice Anthony Kennedy and Chief Justice John Roberts, either or both who could be the decisive votes on the case.

Many Democrats have endorse gay marriage, including President Obama, Vice President Joe Biden, and potential Democratic nominees for President, including Governor Andrew Cuomo of New York and Governor Martin O’Malley of Maryland, so if Hillary Clinton is soon to decide to run for President in 2016 she would, obviously, need to get into line on the issue.

Also, Hillary could be taking this step out of pure principle, and belief that the time is right for this significant social advancement.

No matter what the motivation, and it is probably all three, it is proper to salute Hillary Clinton for speaking up, once again, for human rights and human dignity!

Momentous Day As Supreme Court Chooses To Pass Judgment On Gay Marriage!

Today has been a very momentous day, as the United States Supreme Court has chosen to accept two cases on gay marriage, one involving the constitutionality of the Defense Of Marriage Act of 1996, and the other the validity of the passage of Proposition 8 in California, banning gay marriage.

This could be the blockbuster case of the present term, when it is decided in late June of 2013, after oral arguments in March.

This matter brings to mind the Loving V Virginia case of 1967, when the Supreme Court unanimously upheld the right of interracial couples to be able to marry, a very controversial and divisive case in the age of the Civil Rights Movement.

It should be pointed out that many Southerners and Christian religious leaders opposed interracial marriage bitterly, but once it was settled by the Supreme Court, the issue was moot.

The same opposition, heavily Southern and religiously based, is now vehemently against gay marriage, but the tides of history are going against a continuation of discrimination.

If gay marriage is accepted by the Court, after already being legal in nine states, no religious group would be required to marry a gay couple, but they could be married civilly by a judge or county clerk, or hire someone who is legally qualified to marry couples.

The belief is strong that the Court will rule at least 5-4, if not 6-3, for gay marriage rights, with the four Democratic appointments to the Court—Ruth Bader Ginsberg, Stephen Breyer, Sonia Sotomayor, Elena Kagan—voting for the majority, along with Justice Anthony Kennedy, and possibly Chief Justice John Roberts.

Kennedy is the key vote, but since he supported the right of gays to privacy in the Lawrence V. Texas case in 2003, and was, indeed, the decisive fifth vote, it is believed he will take a step further in support of this major step forward.

Roberts is an unknown quantity, but after his surprising vote for ObamaCare in June, it is believed he might join the majority on this significant case.

So now, ten years later, it looks likely that the Court will have evolved further, and the right of anyone to marry who they love will be guaranteed as a basic civil right.

This is basic social justice, and a majority in public opinion polls, and particularly the younger generation, support gay marriage.

No one is saying that there cannot be people who oppose gay marriage, but society does not have the right to use their prejudices and religious views to deny basic human rights to others!

Equality, Dignity, Hope, Acceptance: The Effect Of Barack Obama On Gay Americans!

What Barack Obama did on Wednesday, May 9, will reverberate in history as much as when Lyndon B. Johnson called for passage of civil rights laws, and the Supreme Court declared interracial marriage constitutional, in the 1960s.

Just as for African Americans back then, today gay Americans and those who love and support them, see equality, dignity, hope and acceptance, part of what every human being desires as part of being human!

Yes, there were critics then, and even today, of civil rights laws for African Americans and interracial marriage, as there are, today, critics of gay rights and gay marriage.

But in the long run, these critics, past and present, will be part of the “dustbin of history”, who are, and will be, condemned and deplored, and future generations will wonder how we could call ourselves a democracy, and deny equality, dignity, hope, and acceptance to ANY minority!

Just as it did not matter whether all people accepted civil rights and interracial marriage in the 1960s, it does not matter whether they accept gay rights and gay marriage today.

It is not a question of whether something is popular, as no one should have the power to deny equality to anyone else!

This is not something where ordinary people, many of them ignorant and prejudiced, should be voting on other people’s rights.

This is where the Supreme Court should, as with Loving V. Virginia in 1967 mandating Interracial marriage as constitutional, declare gay marriage constitutional, and make it clear that it must be accepted in all states and territories of the United States, no matter what anyone’s personal feelings are regarding the matter!

Did Barack Obama Go Far Enough On Gay Marriage? Ted Olson Does Not Think So!

In the midst of all the celebration and joy over President Barack Obama’s strong endorsement of the right of gay men and women to marry, he included in his statement on the issue that the matter should be dealt with on the state level, state by state.

But Ted Olson, former Solicitor General under President George W. Bush, disagrees.

He and David Boies, the two lawyers involved in the Bush V. Gore election controversy in 2000, are fighting to bring the denial of gay marriage in California, after it was first allowed, to the Supreme Court, with the idea that the Court can determine the constiitutionality of gay marriage, much as they did with interracial marriage in 1967, with the Loving V. Virginia case.

Yes, it is true that 31 states have banned gay marriage in votes of the people of those states, but why should a basic human right, the right to marry, be subjected to a vote of the people?

If this was done about interracial marriage, even today, a majority in many states would ban such a relationship, but it is not the right of anyone to tell others that they cannot have happiness, and this is the point of conservative Ted Olson and liberal David Boies!

There should be a national standard on marriage, and it should be legal and consistent everywhere in the country.

A Supreme Court decision could mandate this and end the issue for good!

And it is certain that such a decision would not prevent churches and synagogues from deciding not to marry gay people, since civil marriage is all that would be covered by such a decision.

Hopefully, sometime soon, the issue of gay marriage by civil method will be resolved in the law in favor of human rights!

An Historic Moment In Evolution Of Human Rights In America!

America’s history has been one of slow evolution toward reform and change, and toward the expansion of human rights!

Today, May 9, 2012, is one of those moments that will reverberate as a memorable day in our history, as President Barack Obama has finally declared his full support for gay marriage, after having promoted action to promote gay rights in other ways earlier, including the end of “Don’t Ask, Don’t Tell” in the military.

To gay and lesbian Americans, and those who believe in gay and lesbian human rights, it was a long time coming, but that fact will now be forgotten in the excitement that our President has taken a very moral stand on gay rights, that despite many religious objections, means that over time, the institution of same sex marriage will spread far and wide as a civil right that all other people have, and that gay Americans are entitled to have.

Barack Obama will be long remembered for this great initiative, and Joe Biden will be long praised for having prodded the President to move in the final direction of full acceptance of what he was arriving at in an evolutionary fashion.

The hate mongers, common among Republicans and conservatives, will fight tooth and nail, as they did in the case of Amendment One in North Carolina, to deny equality, even to those military people on bases in the state, a despicable action.

But eventually, there will be a move to have the US Supreme Court decide whether it is not a national right, that cannot be denied by the states, but also mandate that no church, synagogue or other religious institution, would be required to marry people they did not want to be involved in marrying. That would be left up to ministers and rabbis comfortable with the idea, or to the act of civil marriage.

If the Supreme Court could declare in Loving V. Virginia in 1967, that interracial marriages were constitutional, they can certainly do the same for same sex marriage!

To insure such a result, however, it is MORE urgent than ever before that Barack Obama win a second term in the White House, and be able to insure that the Supreme Court does not become more conservative than it already is, and continue to prevent progress and change!

Gay Marriage And The Supreme Court: Anthony Kennedy The Crucial Vote!

In 1967, the US Supreme Court issued a decision in Loving V. Virginia, declaring interracial marriage constitutional. At the time, there was still widespread feeling among the American people, particularly whites, that interracial marriage should not be allowed, with three out of four in a 1968 poll so declaring. And nearly the same percentage, 73 percent, of all races felt the same way in 1968.

It is clear, also, that a majority of people, particularly whites, were not supportive of the Supreme Court decision in 1954, Brown V. Board of Education, which mandated the end of segregation of the races in public education.

Often, the Supreme Court is ahead of the country in formulating change, and of course, conservatives resent that. But without the Court intervening, progress would be slower or completely halted.

Therefore, with the decision of New York State to allow gay marriage, it is time for gay rights advocates to bring a case to the higher court!

But, of course, there is fear that the conservative Court would rule against it, but that is seen as highly unlikely.

No one can be sure how Justices would vote, but even if one considers that Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts might vote against, the odds are that Sonia Sotomayor, Elena Kagan, Stephen Breyer, and Ruth Bader Ginsberg would vote in favor.

That leaves Justice Anthony Kennedy, the true centrist on the Court, who more often votes with the conservatives, but often sides with the liberals. And when one considers that Kennedy was the decisive vote in Lawrence V. Texas in 2003, granting privacy rights to gay couples, one has hope that he would continue to support gay rights, including marriage.

Kennedy also supported the rights of gays to stop being treated as a group deserving discrimination in the Colorado Constitution in Romer V. Evans in 1996, and also in a Circuit Court case in 1980, he showed concern about mistreatment of gays.

The timing is crucial, as Ruth Bader Ginsberg may leave the Court soon, and in the next term in office, if a Republican won the White House, both Ginsberg and Kennedy might be replaced, based on their ages, and the opportunity for a Supreme Court decision in favor of gay marriage might have passed!

And remember, unlike interracial marriage, a majority of Americans in a recent poll support the concept of gay marriage, a massive switch from just a few years ago!

So bring on a Supreme Court case and soon!