That law was for equality between races, so that a black woman could marry a white man or whatever combination.
Amendment XIV, Article I, mentions race not at all. Race and Gender receive equal treatment in the (modern) Constitution. If it applies to race, it must apply to gender, which means gender segragation of marriage priveledges is unconstitutional.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In 1996, President Clinton signed into law the Defense of Marriage Act which states that marriage is between one man and one woman.
All manner of unconstitutional laws are passed every year.
So legally, their position is actually stronger than ours because we have a vague law to point to and they have a crystal clear one.
Apples and Oranges. Ours is a Constitutional Amendment, theirs is subordinate to it. They want a Constitutional Amendment because they know we are in the right.
no subject
Amendment XIV, Article I, mentions race not at all. Race and Gender receive equal treatment in the (modern) Constitution. If it applies to race, it must apply to gender, which means gender segragation of marriage priveledges is unconstitutional.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
In 1996, President Clinton signed into law the Defense of Marriage Act which states that marriage is between one man and one woman.
All manner of unconstitutional laws are passed every year.
So legally, their position is actually stronger than ours because we have a vague law to point to and they have a crystal clear one.
Apples and Oranges. Ours is a Constitutional Amendment, theirs is subordinate to it. They want a Constitutional Amendment because they know we are in the right.