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There are arguments based on tradition: In 1967, Virginia officials told the Supreme Court that “The Virginia [bans on interracial marriage] reflect a policy which has obtained in this Commonwealth for over two centuries in which still obtains in seventeen states.” Now, in 2015, Michigan tells the Supreme Court that it “has defined marriage as the union of one man and one woman since before statehood.” Kentucky says that same-sex marriage “is not deeply rooted in this Nation’s history.”And there are arguments based on dubious social science and vague premonitions.
In 1967, Virginia warned the court that it would quickly “find itself mired in a veritable Serbonian bog of conflicting scientific opinion upon the effects of interracial marriage,” an obscure reference to a place in ancient Egypt where one could be sucked under by quicksand.
The fact that he separated the races shows that he did not intend for the races to mix.”After the Supreme Court invalidated bans on interracial marriage, Bob Jones University still argued that the freedom of religion provisions of the First Amendment allowed it to ban interracial dating and keep its tax-exempt status while doing so, because its “rule against interracial dating is a matter of religious belief and practice.” And after the Supreme Court rejected this argument, in 1983, the university continued to ban interracial dating until the year 2000.
Even the more subtle legal defenses of same-sex marriage bans mirror the arguments used to defend bans on interracial marriage.