Question for DU lawyers about marriage equity, SCOTUS and Loving v Virginia

[RandySF]

Sooner or later, the constitutionality DOMA and Prop 8 will be decided by the US Supreme Court. If the Court decides that states may deny adults the right to marry on the basis of gender, what happens to Loving v Virginia (the landmark interracial marriage case)? It seems to me that Loving would become collateral damage.

[Tesha]

1. As you'll recall, there is as yet no explicit protection against sex discrimination in our...

...Federal Constitution.

There is explicit protection against racial discrimination.

Loving will stand.

Tesha

[JDPriestly]

3. The Loving v. Virginia decision, I believe, was based on the idea that

marriage is a fundamental right.

Remember the three tests: compelling reason applies when determining allegations of discrimination regarding a fundamental right. Since marriage is a fundamental right, it would seem to me that the defendants have to show a compelling reason for prohibiting same-sex marriage, not just a significant or rational one.

This is not just a gender discrimination case.
It is both gender and the issue of a fundamental right.

That is my opinion.

[taterguy]

2. Not a lawyer but the SCOTUS can do whatever they damn well please

They decide what outcome they want and then justify it.

There's no public demand to overturn Loving v Virginia so they'd leave it alone.