The passage of the New York legislation also means that President Obama has now come under new pressure to join the forces trying to win equal marriage rights throughout America.  This story, “Obama’s Position on Gay Marriage Faces New Test” (New York Times, June 29, 2011), discusses that pressure. It also refers to a Supreme Court decision known as Loving — the case that ended laws prohibiting interracial marriage in America in 1967. I have written about the Loving case in the past, but thought it worth recalling what the case was about and what that decision meant. Here is a revised post –first written two years ago– about Loving:

As historical anniversaries go, April 10, 1967 may not seem like a date we all should remember. But that was the day that the U.S. Supreme Court heard oral arguments in a case called Loving v. Virginia.  On June 12, 1967, the Court issued its ruling in the case, striking down state laws prohibiting interracial marriage (“miscegenation”) in America.

Yes, a little over 40 years ago, Barack Obama’s parents could not have married legally in the home state of Washington, Jefferson and Madison. Richard Loving, a white man, married Mildred, a woman of African-American and Native American descent, in Washington, D.C. When they later traveled to Virginia, he was arrested and the Lovings were forced to leave Virginia. They brought suit which eventually found its way to the Supreme Court

The Court ruled that that anti-miscegenation laws, such as those in Virginia, violated the “Due Process Clause” (“No person shall be … deprived of life, liberty, or property, without due process of law….” )  and the Equal Protection Clause of the Fourteenth Amendment (“nor shall any State deprive any person of life, liberty, or property, without due process of law …”). In the unanimous majority opinion, Chief Justice Earl Warren wrote:

“Marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival.”

The Loving case deserves discussion in light of the recent decisions to allow same sex marriage in Iowa (a court ruling) and Vermont (a legislative act) and now New York. I have no doubt that this unresolved question is the greatest civil rights question facing America today. I am not a Constitutional lawyer, but I am certain that this landmark case will be invoked as the battle over same sex marriage continues.

I also have no doubt that the country will –perhaps ever so slowly—catch up with Massachusetts, Connecticut, Iowa and Vermont, along with New Hampshire, the District of Columbia and New York in permitting same sex marriage.

Change in American history is often slow. And it usually comes from the bottom up –not the top down. Whether it was abolition, civil rights, or even independence itself, when it comes to most of the great social upheavals of our past, the politicians and “leaders” have generally had to be dragged kicking and screaming in the direction of change. It may be glacially slow, but it will happen, in part because there is a generational change that will someday make the existing same sex marriage prohibitions on the books seem as antiquated –and despicable—as the now-unconstitutional bans on interracial marriage.

Before her death in 2008, Mildred Loving, the woman of African-American and Native American descent who brought the suit against Virginia, issued a statement on the 40th anniversary of the decision. She wrote:

“Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the ‘wrong kind of person’ for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.”

I can’t say it any better than that.

There is a more complete discussion of the history of the Lovings, their case and its connection to the same sex marriage debate in the new, revised edition of Don’t Know Much About History: Anniversary Edition.

On July 9, 1868, the state of South Carolina ratified the 14th Amendment to the U.S. Constitution, providing the necessary three-fourths of the states to adopt this very significant Amendment as part of the law of the land. One of the “Reconstruction Amendments” ratified in the wake of the Civil War, it had far-reaching consequences in American history, touching on every aspect of public and private life in America — from the schoolroom to the bedroom. And it still does.

Think of a controversial court decision and chances are the 14th Amendment is involved. It has been invoked in such major decisions as Brown v. Board of Education in 1954, which ended segregation of public schools; Roe v. Wade (1973), which disallowed most existing restrictions on abortion; and Loving v. Virginia (1967), which ended race-based restrictions on marriage in America. It also provided the Constitutional authority for many of the most important pieces of civil rights legislation passed in the 1960s.

Today, the 14th Amendment is front and center in several current controversies, including the same-sex marriage debate.

Here are the first two sections of the Amendment. The full text of the 14th Amendment can be found at the links to the National Archives and Library of Congress at the bottom of this post.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

*Changed by section 1 of the 26th amendment.

Proposed after the Civil War in 1866, the 14th Amendment is one of three Constitutional Amendments referred to as the “Reconstruction Amendments.” Its immediate impact was to give citizenship to “all persons born or naturalized in the United States,” which included former slaves. Creating national citizenship that was independent of state citizenship, the 14th Amendment reversed the 1857 Dred Scott decision which denied citizenship to most slaves.

In addition, the 14th Amendment forbids states from denying any person “life, liberty or property, without due process of law” or to “deny to any person within its jurisdiction the equal protection of its laws.”  These clauses, usually referred to as “due process” and “equal protection,” have been involved in some of the most significant decisions in American history.

You don’t need to be a Constitutional scholar to understand this Amendment and the profound impact it has had –and continues to have–  on every American’s life.

Here is a link to the National Archives US Constitution site: http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html#14

Here is a link to more information on the 14th Amendment from the Library of Congress: http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html