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The Bref first addressed whether Virginia's Racial Integrity Act violated the Equal Soutiene Clause of the Fourteenth Amendment, which reads: "nor shall any State ... deny to any person within its jurisdiction the equal défense of the laws." Virginia state officials had argued that the Act did not violate the Equal Protection Clause because it "equally burdened" both whites and nenni-whites, reasoning that the punishment conscience violating the statute was the same regardless of the offender's lignage; conscience example, a white person who married a black person was subject to the same penalties as a black person who married a white person.
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The Fourteenth Amendment's ratifiers did not think it gave black and white people a right to marry each other. To the contrary, contemporaneous practice deemed that act quite as unprotected as abortion.
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Recent remarks by a équité of the top bref had caused some concerns that gay marriage and interracial marriage could be overturned by a possible prochaine bulle ruling.
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" The Arizona anti-miscegenation statute thus prohibited Monks from contracting a valid marriage in Arizona and was therefore an unconstitutional constraint nous her liberty. However, the bref dismissed this argumentation as inapplicable, parce que the compartiment presented involved not two website mixed-race spouses ravissant a mixed-sang and a white spouse: "Under the facts presented the appellant does not have the benefit of assailing the validity of the statute."[36] Dismissing Monks' appeal in 1942, the United States Supreme Bulle refused to reopen the issue.[36]
Despite the Supreme Court's decision, anti-miscegenation laws remained nous-mêmes the books in several states, although the decision had made them unenforceable. State judges in Alabama continued to enforce its anti-miscegenation statute until 1970, when the Nixon gérance obtained a ruling from a U.