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There is one difference between the situation behind Loving v. Virginia and marriage equality for everyone today.

In the 1960s, it was against Virginia law for interracial couples to have sexual relations or to get married. This included for an interracial couple going to another state to get married and returning to Virginia.

The original reason police wanted to charge Mildred and Richard Perry for having interracial sexual relations. Instead, their marriage license was evidence to charge them with a different crime. The judge suspended their punishment of a year in prison if they left the state for 25 years.

The US Supreme Court overturned all such laws, saying the 14th Amendment prevented different treatment between their marriage and a couple of the same race.

The difference is that in 2012, the US Supreme Court has already overturned all (improperly labeled) “Sodomy” laws. However, there is not equal marriage rights for all couples.

For those that think marriage is “for the children,” there are two responses:

• No, it is not for the children. There is no requirement for a couple to produce an heir for a marriage to be valid. Why do some people treat a marriage the same as a measure to continue a monarchy? Are these people admirers of the practices of Henry VIII and other European monarchs?
• Gay couples have children. QED.

Dan Savage says it best.

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