Card image from Civio
- A Civil Rights Game
from Reach and Teach
Script by Derrick Kikuchi 3/25/2004
Source: Script based and adapted from the recorded transcript
in "May it Please the Court", Edited by Peter Irons and Stephanie Guitton,
pg 278-289, New Press, NY, 1993
||These laws void such marriages. If this couple were to go back to their
home state (and they are in fact there right now), they are subject to immediate
arrest under the fornication statute, and the lewd and lascivious cohabitation
statute. And, more than that, there are many, many other problems for this
couple. Their children would be declared bastards under that state's decisions.
They themselves lose their rights for insurance, social security, and for
numerous other things to which they're entitled.
||Nevertheless, these are laws that protect us from dangers this state has
a right to apprehend from these types of marriages. The reason for banning
these marriages stands on the same footing as the prohibition of polygamous
marriage, or incestuous marriage, or the minimum age at which people may
marry, and the prevention of the marriage of people who are mentally incompetent.
The state has an interest in marriage… in maximizing the number of stable
marriages. It is not infrequent that children of these marriages are referred
to as "victims" or "martyrs".
||There are people who have the same feeling about marriage between two
people of different religions. But because that may be true, would you think
that the state could prohibit people from getting married based on their
||I think that the evidence in support of prohibiting these marriages
is stronger than the evidence for prohibiting interfaith marriage. Expert
opinion is that these marriages are inadvisable because - and I quote
- "They most frequently, if not solely, are entered into under present-day
circumstances by people who have a rebellious attitude toward society, self-hatred,
neurotic tendencies, immaturity, and other destructive psychological factors."
||Of course, you don't know what is cause, and what is effect.
Presuming your statistics are correct, isn't it possible that one reason
that marriages of this kind are sometimes unsuccessful is the very existence
of the laws that are in issue here, and the attitudes that those laws reflect?
||The year is 1967. The issue is interracial marriage - specifically,
whether a state can legally prevent a white man from marrying a black woman.
The arguments you are hearing are based on actual dialog from the Supreme
Court case Loving versus Virginia.
||The language of the Fourteenth Amendment is broad and it is sweeping.
At its very heart is equal protection of the fundamental right to marry,
subject to only the same limitations. And that's the right of Richard and
Mildred Loving to wake up in the morning, or to go to sleep at night, knowing
that the sheriff will not be knocking on their door or shining a light in
their face in the privacy of their bedroom. It is the right of Richard and
Mildred Loving to go to sleep at night, knowing that if they don't wake
up in the morning, their children would still have the right to inherit
their name and property. It is the right of Richard and Mildred Loving to
be secure in knowing that if one of them dies, the survivor would have the
right to social security benefits. Currently, all of these rights are denied
||On June 12th, 1967, ten days after Richard and Mildred Loving celebrated
their 9th anniversary, the Supreme Court unanimously affirmed the constitutionally
protected right of Richard and Mildred Loving, a white man and a black woman,
to be married.
We hear many of these same arguments today with respect to same-sex couples.
Read more about Loving
(c)Copyright Reach and Teach, 2004