Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, June 13, 2008

Interracial Marriage, Same-Sex Unions, and Statism

In the immediately preceding post, Rob writes:

Same-sex marriage, because it largely lacks the social, cultural, religious, and biological reinforcements, must rely more on legal reinforcements.  As I said, that is not, in my view, a compelling reason to oppose same-sex marriage, but it does warrant caution when evaluating state efforts to overcome social, cultural, religious, and biological obstacles to same-sex marriage that are not as formidable in the case of heterosexual marriage.

Consider the following, and imagine its being said circa 1967, when Loving v. Virginia was decided:

Interracial marriage, because it largely lacks the social, cultural, and religious reinforcements, must rely more on legal reinforcements.  As I said, that is not, in my view, a compelling reason to oppose interracial marriage, but it does warrant caution when evaluating state efforts to overcome social, cultural, and religious obstacles to interracial marriage that are not as formidable in the case of same-race marriage.

https://mirrorofjustice.blogs.com/mirrorofjustice/2008/06/interracial-mar.html

Perry, Michael | Permalink

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