Jim Obergefell, the plaintiff named in Obergefell v. Hodges Supreme Court that legalized same-sex marriage nationwide, center, stands on the steps of the Texas Capitol, Monday, June 29, 2015, in Austin, Texas.
Eric Gay/AP
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Eric Gay/AP
Jim Obergefell, the plaintiff named in Obergefell v. Hodges Supreme Court that legalized same-sex marriage nationwide, center, stands on the steps of the Texas Capitol, Monday, June 29, 2015, in Austin, Texas.
Eric Gay/AP
The House and Senate passed the Respect for Marriage Act, granting another layer of federal protection to both same-sex and interracial marriage.
It will now go to President Biden, who is expected to sign it. Both types of marriage were considered constitutional on a national scale, but the Respect for Marriage Act was drafted shortly after the reversal. Roe sues Wadeamid concerns that other constitutional rights would be targeted.
Here are some legal precedents surrounding interracial and same-sex marriages.
Love sue Virginia
Laws against interracial marriage date back to the 1600s; Maryland banned them in 1691.
Interracial marriage was legalized in a 1967 Supreme Court decision Love v. Virginia. Mildred Loving, a woman of color, and her white husband, Richard Loving, were sentenced to a year in prison in Virginia for their relationship, but appealed their convictions to the U.S. Supreme Court. .
The Supreme Court overturned Virginia law, and ruled that marriage is a constitutional right and that banning interracial marriage violates the 14th Amendment, which states that the government cannot return “life, liberty, or property,” unless authorized.
Same-sex marriage
One of the earliest lawsuits seeking the recognition of same-sex marriage in court was the 1972 case. Baker sued Nelson.
Two gay students at the University of Minnesota wanted to get married but were turned down by the district secretary because they were men. The students continued to lose the case and eventually sent it to the US Supreme Court, but it refused to hear the case.
In 1996, same-sex marriage was banned through the Marriage Protection Act. But in 2004, Massachusetts became the first state to legalize same-sex marriage, citing that not allowing it violates the state constitution.
Several states have followed suit for years, and DOMA was annulled by the Supreme Court in 2013 for its unconstitutional nature. The court then ruled in 2015 at the landmark Obergefell sues Hodges same-sex couples enjoy the same rights and privileges of marriage as heterosexual couples under the 14th Amendment.
