I’m often asked: When we overturn gay marriage, is interracial marriage next?
Nope. Here’s why.
Interracial marriage and same-sex marriage are not the same.
In Loving v. Virginia, the Supreme Court struck down racist marriage bans, reinforcing the basis of husband-wife marriage, not redefining it. The Court removed an illicit barrier that had nothing to do with the meaning or purpose of procreative marriage.
Obergefell v. Hodges did something very different. It created a new “fundamental right” to a same-sex marriage license, something absent from the Constitution’s text, history, and tradition. Because it departed from our legal tradition rather than conforming to it, Obergefell remains open to challenge.
But the differences are not just legal. The outcomes for children are opposite as well.
In an interracial marriage, children remain connected to both of the adults to whom they have a natural right. They are raised by the mother and father responsible for their existence and identity. Nothing about interracial marriage requires a child to lose a parent.
Same-sex marriage does.
Children raised by same-sex couples are necessarily separated from at least one biological parent. They are denied a relationship with half, and sometimes all, of their genetic heritage. They lose either a mother or a father.
Reversing Obergefell would have no impact on Loving. Interracial marriage remains legally secure because Loving upheld the historic understanding of marriage while removing a racist barrier.
Restoring the man-woman meaning of marriage protects what matters most to children: their mother and father.