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Browse: Home » 2022 » June » 27

Loving v. Obergefell (Or: Interracial v. Gay Marriage)

June 27, 2022 · by Cameron Shaffer · in Uncategorized

From John Roberts’ dissent in Obergefell v. Hodges (2015):

This Court’s precedents have repeatedly described marriage in ways that are consistent only with its traditional meaning. Early cases on the subject referred to marriage as “the union for life of one man and one woman,” Murphy v. Ramsey, 114 U. S. 15, 45 (1885), which forms “the foundation of the family and of society, without which there would be neither civilization nor progress,” Maynard v. Hill, 125 U. S. 190, 211 (1888). We later described marriage as “fundamental to our very existence and survival,” an understanding that necessarily implies a procreative component. Loving v. Virginia, 388 U. S. 1, 12 (1967)… More recent cases have directly connected the right to marry with the “right to procreate….

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