As a pleasant and much needed contrast to Ken Blackwell’s nasty, gay-hating article- check out this opinion piece in the Washington Post about the 40th anniversary of the Loving v. Virginia decision in which the Supreme Court struck down Virginia’s ban on interracial marriages and how it relates to the current debate over same-sex marriage.
Here’s the basic point:
Interracial marriage bans now seem obviously invidious. But go back far enough and the consensus flips. At one point, most everyone thought such bans were legitimate.
This point connects Loving to current social struggles, most notably the debate over same-sex marriage. Opponents decry the “activist judges” in Massachusetts who struck down that state’s same-sex marriage ban and warn that the Supreme Court will someday follow. So it may — but, if it does, responsibility will not lie primarily with judges.
The past few decades have brought a dramatic change in social attitudes about homosexuality.
If the trend continues, this view eventually will find expression at the Supreme Court level, just as it did in Loving. This is not judicial activism. It is how we make the Constitution ours.