“Equality for Marriage”
The Argument for Marriage Equality Based on the Fourteenth Amendment says that no State shall make or enforce any law which shall abridge the privileges of citizens of the United States. The protection guaranteed by the fourteenth amendment seems to mainly focus on the right of all citizens as a whole entity and not based on sexual preference.
This is a discussion of the arguments for interracial marriage and same sex marriage based on our Fourteenth amendment rights. In 1958, the case of Loving vs. Virginia involved a black woman marrying a white man in the District of Columbia and returning home to Virginia where they were in violation of the interracial marriage laws. After their conviction and banishment from living in Virginia, the Loving’s appealed their case to the Supreme Court which upheld the conviction citing the absence of discrimination in the charges and sentencing along with the state statues against interracial relationships. Chief Justice Warren wrote an opinion on the Loving vs. Virginia case in the Supreme Court decision which found the law banning interracial marriage as illegal.
Justice Warren wrote the case presented a constitutional question never addressed by the court; which was whether “a statutory scheme adopted by the state of Virginia to prevent marriage between persons solely on the basis of racial classification violates the Equality Protection abs Due Process Clauses of the Fourteenth Amendment.”
The Court interpreted the Fourteenth Amendment’s constitutional commands and found that the Virginia statutes were not consistent with them. Justice Warren also discussed the court’s consistent repudiation of the “distinction between citizens solely because of their ancestry” as being odious to the free people whose institutions are founded upon the doctrine of equality.”
Two members of the court could not conceive of a valid legislative purpose, which make the color of a...