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Friday, December 2, 2016

Barack Obama has finally come out. He has revealed what his critics and his supporters alike have long suspected: that he’s no longer a closeted supporter of same-sex marriage.

It’s fitting that he has taken this step, as the first biracial U.S. president. No doubt, it resonates with his personal history. The laws that are being passed today to deny marriage rights to gay and lesbian couples — not to mention the vitriol of the self-styled defenders of traditional marriage — call to mind the laws once in place in many states that banned blacks from marrying whites.

Barack Obama was a little boy when the last so-called antimiscegenation laws were struck down as unconstitutional by the U.S. Supreme Court in 1967. Chief Justice Earl Warren wrote the unanimous decision, noting, “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.”

It’s no coincidence that Warren was also the justice who penned the famous Brown v. Board of Education decision outlawing racially segregated schools. He understood how discrimination had been institutionalized by law, denying basic rights to entire classes of people.

The case of Mildred and Richard Loving presented an opportunity to eliminate the antimiscegenation laws root and branch. Mildred was of African-American and Native American heritage. In 1958, she married Richard, a white man, in Washington, D.C. The couple then returned to their native Virginia, which banned marriages such as theirs.

Sheriff’s deputies barged into their home one night, with the hope of catching the two in a sex act, which was also illegal between the races in Virginia. They found them sleeping in bed. The evidence of their marriage certificate became the basis for charging the couple with the felony of being an interracial couple in the state of Virginia.

Until the Supreme Court ruled in Loving v. Virginia, children from such unions were considered illegitimate in many states. The surviving spouse couldn’t receive death benefits. Rights of inheritance were also thrown in doubt.

Does that sound like discrimination, unequal treatment to you? It should.

Gay and lesbian couples may not be charged with felonies anymore, but in many states they can’t marry or enter civil unions and benefit from the myriad of rights and responsibilities that go along with marriage.

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Copyright 2012 The National Memo