Sometimes, the majority isn't right, and it's up to the Supreme Court to tell them so.

[ambitious_wench]

"Miscegenation" laws are a prime example: In the deep south, as indeed all America, it was considered morally wrong (again, for religious views of morality) for blacks and whites to intermarry. It was illegal in 16 states. Interestingly, it was a claim leveled by Democrats against Republicans, that they (Reps) wanted to mix the races so that there would be no distinguishing features any more.

It was upheld in 1883 in the "Pace vs. Alabama" supreme court case. But then, in 1967, there was another landmark decision:

Loving v. Virginia

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

There's a lot of backlash against "activist judges" who have created legal marriage in Massachusetts by judicial fiat. However, that is the role of judges, to make decisions on cases brought before them. If a law is challenged, it is the right of the judges in question to establish precedence, not create law. They determined (5-4 vote) that it was discriminatory to withhold the civic right of marriage based on the genders of the participants.

Way back in the days of Arigot, there was a backlash against the Loving vs. Virginia decision, too. In fact, it wasn't until 2000 that Alabama finally repealed the law. And yet, there was 40% of the electorate that voted against the repeal.

Hey-hey, ho-ho, homophobia's got to go!

Comments

[tinuvielchild.livejournal.com]

Freaky. This is exactly what we're discussing in one of my classes right now.

Hi. I know you don't know me. I'm a random faire-addict playtron thing who followed Paul around a lot in the last few weeks of KRF this year. I found your journal through his, and I enjoy reading your posts. Hope you don't mind. :)

[ambitious-wench.livejournal.com]

Hey! welcome to my view of the world. You said you were discussing this topic in your classes--what do your classmates and teacher have to say about it?

[tinuvielchild.livejournal.com]

Rather than trying to sum it all up, I can give you a link to the class's online discussion forum:

www.learntoquestion.com/class/discussion/

[ambitious-wench.livejournal.com]

coolness. Can you guide me to the particular forum?

Edie