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The last time the Supreme Court took up a case on marriage equality was 46 years ago when about one-third of all states in the country still had laws that banned people of different races from marrying each other. This week all eyes are on the High Court as it prepares to hear oral arguments on two cases related to same-sex marriage. At issue is whether gay marriage bans violate the rights those couples have to equal treatment under the law, as guaranteed by the Equal Protection Clause of the United States Constitution. The Court’s rulings on both cases – expected by June – will likely be considered landmark decisions, ones that could potentially result in a dramatic widening of marriage rights for same-sex couples throughout the country … or a preservation of the status quo. The issue, though, harkens back to another, often forgotten, landmark civil rights decision from 1967 that similarly addressed marriage equality and the concept of equal protection of the law, long before the notion of legalized same-sex marriage was considered even a remote possibility. Continue reading
