LOVING v. VIRGINIA, 388 U.S. 1 (1967)

October 25, 2006



388 U.S. 1

No. 395.
Argued April 10, 1967.
Decided June 12, 1967.

Virginia’s statutory scheme to prevent marriages between persons solely on the basis of racial classifications held to violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment. Pp. 4-12.(findlaw)

This case is being widely abused and misconstrued for an argument that does not fit within the parameters of the Loving decision which was about a man and a woman in a inter-racial marriage. Yes the Court does say that marriage is a civil right for the basis of procreation.

No where within the decision does it cover same sex marriage.

here is section 1 of the 14th amendment

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.(findlaw)

The voters’s within each state has granted small certain privileges to couple who marry to procreate this was decided by the legislative bodies in each state that was duly elected.

Certain groups that are now active in trying to have laws overturned by the courts instead of going through the legislative process to have laws amended.

The questions that I have, Is social engineering by fiat of the State Courts the right way to go instead of going the slow route of educating the voters in each state?

Here is a surprising fact that is nobody is stating and I am quite sure it would eliminate most arguments, and that is between the mid 1940’s and the 1950’s were any benefits given to married couples by the States or the Federal Govt. (so from 17763 to around 1950 there were no benefits given to married couples other than wills, ownership of property handed down thru wills.)

  • 1. Redefine who is a legal heir in each state, so that it would eliminate any court challenges.
  • 2. Power of attorney to be named by the person before they are incapacitated or hospitalized (listing who may visit them while hospitalized short term or longterm), make it legally binding to with stand family disagreements.
  • 3. The IRS recognize persons that are single, married, cohabiting couples (heterosexual, or same sex couples) for taxation purposes..
  • 4. Apply the rule of benefits evenly by Social Security Administration to singles, married, or cohabiting couples(heterosexual or same sex couples).
  • 5. Pensions: The holder designate’s the heir unless married or it can be established that the couple (heterosexual or same sex couples) have been together seven years, or more and a single person would as well pass on their pension to the heir of their choice.

By doing the above it will increase the tax base for both the States and Federal Govt’s.

It also eliminates the marriage debate.

Information was found at Findlaw.com


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