DEAR WHITE GAY ACTIVISTS ATTEMPTING TO BE WITTY AND CULTURED:
DO NOT FUCKING QUOTE LOVING V. VIRGINIA IN YOUR ACTIVISM SIGNS IN YOUR FIGHT FOR GAY MARRIAGE.
I’m just so fucking tired of seeing this. As a law student, as an activist, as a queer woman of color.
For people who do not know, Loving v. Virginia is the landmark supreme court case that ruled that Virginia’s statute which CRIMINALIZED interracial marriage was unconstitutional.
It’s the case that stated that marriage is a FUNDAMENTAL RIGHT.
Now I realize that this is a statement that could very much be co-opted, but here’s why I’m angry about it:
1) it was a race issue.
2) the facts of the case were fucking horrifying and not at all similar to gay marriage:
- the Lovings were an interracial couple. Mrs. Loving was Black, Mr. Loving was white. they lived in Virginia
- The Lovings had actually fallen in love and were already married
- The Lovings were told never to return to Virginia, despite having all of their family there
- The Lovings secretly moved back to Virginia and were arrested in the middle of the night. The police broke down their door and dragged them from their beds. The Lovings were incarcerated.
3. In terms of marriage, it’s clearly delineated as a RACE issue. “Marriage” in terms of “bond between man and woman” has been defined legally as such as much more than a contract, but rather a fundamental right. It’s a huge issue of privacy. Etc.
4. Basically including gay marriage is obviously something we should allow (if only for the whole “benefits of the family” doctrine that supports marriage-based benefits, which should definitely apply to gay families).
5. But saying that this battle is exactly like interracial marriage is so fucking inconsiderate of history
6. It’s essentially saying that gay is the new Black
7. And it’s really fucking not
8. Because people who get gay married in other states are not fucking dragged out of their beds in the middle of the night and tossed into jail.
9. Sure, there have been criminal anti-sodomy laws, but those are NOT gay marriage
10. And I’m not saying that the queer community is not being oppressed here. Far from it.
11. But what I am saying is that it’s not the fucking same thing. It’s related, but it’s not the same. And to say that this battle is exactly like interracial marriage is so fucking disrespectful. Just stop. Your privilege is showing.