Quote:
Originally posted by Tyrone_Slothrop
I really don't understand why you think the fact that Loving involved a criminal statute was so important.
|
Because I think if the statute were not criminal, the only basis for striking it down would have been fundamental rights/due process. I think that the court alluded to that in what the court wrote in the EP part of the opinion.
If there had been a VA law that simply said, marriage is allowed only between members of the same race (but no criminal penalties involved), I think the Warren court would have reached the same result, but just under a substantive due process argument.
Quote:
Originally posted by Tyrone_Slothrop
You can pluck out of the decision language that refers to the criminal aspects of it
|
true.
Quote:
Originally posted by Tyrone_Slothrop
but subsequent courts and commentators have not understood it as limited in that fashion.
|
cite please.
