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Anonymous asked in Society & CultureReligion & Spirituality · 8 years ago

Is "Loving v Virginia" the reason WHY gay marriage is NOT a state issue?

A better name could not have been scripted for the 1967 U.S. Supreme Court decision that struck down 16 states' statutes against interracial marriage.

Loving v. Virginia.

"Richard Perry Loving, a white man, and Mildred Delores Jeter, a woman of black and Native-American descent, married in Washington, D.C., on June 2, 1958. After returning to their home in Caroline County, Va., they were arrested, jailed and convicted for violating Virginia's Racial Integrity Act, which prohibited interracial marriage between whites and non-whites."

So, a gay couple married today in Mass could technically be arrested in North Carolina, where they just passed a Constitutional Amendment banning gay marriage.


@Bible Chooser: Gay Marriage is Legal in Mass, so a gay couple can indeed get a State License.

If the couple then moved to N Carolina, they would be in violation of the state constitution.

4 Answers

  • Anonymous
    8 years ago
    Favorite Answer

    It might work with the Equal Protection Clause. But it will probably be declared out of the States hands because of the catch-all Interstate Commerce Clause.

    The issue of whether a North Carolina based insurance company can refuse to cover a same sex spouse in a policy for an out of State client will probably be what sways the Conservative Supreme Court.

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  • Anonymous
    8 years ago

    1) Is "Loving v Virginia" the reason WHY gay marriage is NOT a state issue?

    News flash: same-sex marriage **is** a state issue, and the federal government has repeatedly informed us of that.

    Former legal restrictions on interracial marriage have NO relevance to the same-sex marriage issue - **none whatsoever**.

    2) So, a gay couple married today in Mass could technically be arrested in North Carolina, where they just passed a Constitutional Amendment banning gay marriage.

    That is NOT an accurate claim. They could NOT be arrested for that reason. Clearly you do NOT understand the issue under discussion.

    To explain: it is NOT possible for any law in the U.S. to prohibit a same-sex couple from participating in a marriage ceremony. It **is not possible** to legally ban same-sex marriages. What *is* possible - what *is* being done - is the banning of **state recognition** of same-sex marriages **as contractually legal marriages**. That is being done by the mechanism of **not allowing same-sex couples to obtain a marriage license**. A same-sex couple who participates in marriage ceremony but who does not obtain a marriage license is NOT doing anything illegal, and that act CANNOT be made illegal in the U.S.

    You have been thoroughly bamboozled by **the popular terminology** - terminology that is indisputably intentional homosexual propaganda!

    **No research** often leads to ridiculous claims!

    - Jim,

    P.S. It is *not* a violation of the North Carolina Constitution for a same-sex couple that possesses a Massachusetts marriage license to live in North Carolina. The mere possession of an out-of-state marriage license **does not** violate the NC Constitution.

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  • Debe L
    Lv 5
    8 years ago

    Arresting homosexuals for "marrying" would be wonderful! The Bible says they're to be put to death.

    Romans 1:26. For this reason God gave them over to degrading passions; for their women exchanged the natural function for that which is unnatural,

    27. and in the same way also the men abandoned the natural function of the woman and burned in their desire toward one another, men with men committing indecent acts and receiving in their own persons the due penalty of their error.

    28. And just as they did not see fit to acknowledge God any longer, God gave them over to a depraved mind, to do those things which are not proper,

    29. being filled with all unrighteousness, wickedness, greed, evil; full of envy, murder, strife, deceit, malice; they are gossips,

    30. slanderers, haters of God, insolent, arrogant, boastful, inventors of evil, disobedient to parents,

    31. without understanding, untrustworthy, unloving, unmerciful;

    32. and, although they know the ordinance of God, that those who practice such things are worthy of death, they not only do the same, but also give hearty approval to those who practice them.

    Source(s): Bible
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  • 8 years ago


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