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Ginsburg: unlike miscegenation, SCOTUS will not duck same-sex marriage

Ginsburg: unlike miscegenation, SCOTUS will not duck same-sex marriage

Justice Ruth Bader Ginsburg has told the AP. “I think the court will not do what they did in the old days when they continually ducked the issue of miscegenation,” Ginsburg said. “If a case is properly before the court, they will take it.” She expected the Supreme Court would take up the issue of marriage equality in 2015 or 2016. The court takes up appeals of its own choosing.


Vox has an account of Ginsburg’s statement and a backgrounder on the cases winding their way through the court system.

For those of you who have not seen it, check out Notorius R.B.G.

US States by date miscegenation law repealed: gray – no law, green – before 1887, yellow -1948 to 1967, red – 1967 (date of SCOTUS Loving v. Virginia decision)

US miscegenation.svg
US miscegenation” by Certes – Vector map from Blank US Map.svg

Information from Anti-miscegenation_laws. Licensed under CC BY 3.0 via Wikimedia Commons.

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Bill Carroll

As you probably remember John, South Carolina's constitutional prohibition on interracial marriage was superseded by Loving in 1967, but remained in the state constitution until 1998, I believe, when it was removed by ballot referendum. It was our first election when we lived in Upper SC and we were glad to vote to remove the language, though horrified that it was still in there. I hope people will feel the same way about DOMA and various state bans in years to come.

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