Originally posted by sh76
No1marauder has frequently compared the Prop 8 decision to Loving v. Virginia and other similar cases that allowed interracial marriage.
Charles Krauthammer thinks the best comparison to this decision is Roe v. Wade, where by the Supreme Court, by purporting to cut off democratic debate on the issue, arguably provoked a backlash that might be fueling anti-ab ponsibility of the courts to spearhead social change, even at the cost of provoking a backlash?
It is the responsibility of the Courts to protect the Fundamental Rights of the people, ALL of the people even if the majority wish to deny a minority those rights. Interracial marriage was just as disapproved by the majority at the time of Loving
as gay marriage is now:
LESSONS OF LOVING
The ban on interracial marriages existed in the United States until the U.S. Supreme Court?s Loving v. Virginia decision in 1967. California was the first state in the nation to end the ban on interracial marriage in 1948 with the State Supreme Court ruling in Perez v. Sharp. As can be seen in the table below, these court decisions didn?t reflect the popular sentiment at the time. In 1958 (10 years after the Perez decision), the first Gallup poll on this issue showed 94% of Americans opposed interracial marriage and in 1968 (a year after the Loving decision), 72% opposed interracial marriage.
If the Supreme Court would have waited for favorable polling data, interracial couples would have been excluded from marriage until 1991 which was the year of the first Gallup poll that showed more Americans in favor of interracial marriage than opposed. It?s unthinkable today to consider that type of ban existing for so long.