Lawyers liken Prop 8 to Jim Crow marriage inequality

Lesbian wedding cake toppersBY ZACK FORD
Think Progress

The Howard University School of Law is one of the oldest law schools in the country and the oldest law school at any historically black college or university (HBCU). Its Civil Rights Clinic has filed an amicus brief urging the Supreme Court to overturn Proposition 8 by highlighting how all of the arguments against same-sex marriage equality are simply recycled variations on arguments that were used to justify prohibitions of interracial marriage until Loving v. Virginia was decided in 1967.

The brief goes on to highlight five distinct arguments that transcend the debates between marriage equality for interracial couples and marriage equality for same-sex couples. The similarities are jarring, and Howard provides plenty of examples for each to demonstrate just how unoriginal the arguments against same-sex marriage truly are. The brief concludes with this stirring rebuke of equality’s opponents, including a quote from gay black poet James Baldwin.


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