re: Which state is just itching to outlaw interracial marriage?

No state is itching to ban interracial marriage. This is just a leftist dog whistle to gays that their marriage rights are in peril and to make republicans look like racists for wanting to save black babies from getting aborted.

I don’t believe that gay marriage will be, or should be overruled any more than interracial marriage. I don’t think anything in Dobbs required it.

This shite is all based on Thomas’s note in the concurrence in Dobbs. I think what he meant was - whether we still have fundamental or natural rights that aren’t enshrined in the constitution. It’s an uber nerdy constitutional debate between “positivists” and “originalists” and “textualists” in the constitution - and ultimately it doesn’t fricking matter and won’t change the result.

Marriage in and of itself has existed as long as time. The 14th amendment has not. The 14th amendment doesn’t permit discrimination based on fundamental rights or based on race, sex or national origin, and it provides all of us equal protection of the law. I don’t think gay ppl are a protected class, but I do think marriage is a fundamental right. Abortion (per dobbs is not).

I have no issue with gay marriage. None. I don’t think marriage is a federal issue. It should be regulated by states. Much like guns should be.

Where marriage and guns are similar is that, unlike abortions, we have a fundamental substantive right to marry, and we have a fundamental substantive right to self defense. If the right is fundamental - then the state would have to provide some compelling basis that would survive strict scrutiny to restrict the right. So long as the two ppl are adults, then seriously BTFO. The state has no business voiding your marriage, any more than it can say - You can’t buy a gun.

By contrast - there would be a monumental problem if 2 gay people wanted to get married in a church that doesn’t recognize marriage from
a spiritual standpoint, and California wanted to pass a law that said the Catholic Church has to perform marriage services for gay people. These churches have a 1A right to not marry the people. I think the same would go for cake bakers, etc. and one of these days I’m going to figure out how these bakeries don’t have a 1A right to refuse to cater gay weddings.

I am divorced. I am also Catholic. If I get married again, and the ceremony occurs on my back porch, well in the eyes of Louisiana - I’m married. In the eyes of the Catholic Church, I’m “living in sin.”

So frick em. Seriously Baws. So long as nobody is forcing your church to marry gay adults - I do not see the issue and refusing to legalize gay marriage is as crazy to me from a public policy standpoint as refusing interracial marriage from a strictly legal standpoint. Believe what you want in your church.

And feel free to disagree with me- but I have never in my life known a gay person who could un-gay. I have, by contrast known gay people who lived with deep seated toxic shame about being gay that has wrecked and ruined their lives and that’s just not good, especially when they were married to a straight person with kids