Why Same-Sex Marriage and Interracial Marriage are not the Same

A central part of argument used by those who advocate for the legalization of same-sex marriage is based on comparing the issues surrounding the prohibition of these unions to those which once outlawed interracial marriage. These individuals make the case that both instances involved laws which disallowed marriage between certain individuals. And because we would not tolerate the banning of interracial unions, we should not have laws that prohibit two people of the same sex from marrying.

While on the surface this seems to be a very compelling argument it is in fact, over simplistic. Furthermore, it ignores facts and precedent that has been previously established by decades of family law litigation related to the institution of marriage and the government’s interest in promoting and regulating it.

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Craig DeLuz

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