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CIRCLE WITH A DOT

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  3. Like Trevor Noah, I was born a crime.

Like Trevor Noah, I was born a crime.

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  • raganwald@social.bau-ha.usR This user is from outside of this forum
    raganwald@social.bau-ha.usR This user is from outside of this forum
    raganwald@social.bau-ha.us
    wrote last edited by
    #1

    Like Trevor Noah, I was born a crime. I take NOTHING for granted. I never have, and I never will. Note that it wasn't until 2000(!) that Alabama repealed its racist miscegenation laws.

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    • raganwald@social.bau-ha.usR raganwald@social.bau-ha.us

      Like Trevor Noah, I was born a crime. I take NOTHING for granted. I never have, and I never will. Note that it wasn't until 2000(!) that Alabama repealed its racist miscegenation laws.

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      mjd@mathstodon.xyzM This user is from outside of this forum
      mjd@mathstodon.xyzM This user is from outside of this forum
      mjd@mathstodon.xyz
      wrote last edited by
      #2

      @raganwald I think people don't understand what shaky ground this is on, legally. The Constitution doesn't give Congress the power to regulate marriage laws, and marriage laws were traditionally understood as a central example of exactly the sort of thing left up to individual state regulation. The court in _Loving_ had to argue from the Equal Protection clause of the 14th amendment, which is broad but not obviously applicable here. The racist states argued that there was no violation of equal protection because blacks and whites alike were equally prohibited from interracial marriages.

      My own marriage would have been illegal in many states before 1967, and I made sure our kids are aware of this.

      mjd@mathstodon.xyzM 1 Reply Last reply
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      • mjd@mathstodon.xyzM mjd@mathstodon.xyz

        @raganwald I think people don't understand what shaky ground this is on, legally. The Constitution doesn't give Congress the power to regulate marriage laws, and marriage laws were traditionally understood as a central example of exactly the sort of thing left up to individual state regulation. The court in _Loving_ had to argue from the Equal Protection clause of the 14th amendment, which is broad but not obviously applicable here. The racist states argued that there was no violation of equal protection because blacks and whites alike were equally prohibited from interracial marriages.

        My own marriage would have been illegal in many states before 1967, and I made sure our kids are aware of this.

        mjd@mathstodon.xyzM This user is from outside of this forum
        mjd@mathstodon.xyzM This user is from outside of this forum
        mjd@mathstodon.xyz
        wrote last edited by
        #3

        @raganwald The same holds true, of course, for Obergefell. What the Supreme Court gives with one hand, it can take away with the other, as people *should* understand by now after Dobbs v. Jackson if they didn't before.

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