Virginia Is For Lovers

In 1865, The Thirteenth Amendment abolished slavery. Anti-miscegenation laws were only declared unconstitutional in 1967 with Loving v Virginia. Heterosexual men and women should demand marriage equality, regardless of gender or sexual orientation, on the same terms, just as white abolitionists did for the American enslaved blacks in the 19th Century. To paraphrase the Warren Court in Loving v Virginia (1967): “There can be no question but that American laws and legal arguments barring [marriage equality] in respect to [sexual orientation or gender identification] rest solely upon distinctions based on discrimination according to generally accepted conduct if engaged in by members of the [opposite sex]. Over the years, this Court has consistently repudiated “distinctions between citizens solely because of their ancestry” as being “odious to a free people whose institutions are founded upon the doctrine of equality.” There is patently no legitimate overriding purpose independent of invidious discrimination which justifies this classification. We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race. There can be no doubt that restricting the freedom to marry solely [on the basis of one’s sexual orientation] violates the central meaning of the Equal Protection Clause.”

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