By Steven Keene
Opinion Editor
Over 46 years ago, Loving v. Virginia set a standard for what Americans define as contemporary marriage. The landmark Supreme Court case determined that the Commonwealth of Virginia could not legally prevent interracial marriage, as this denied life, liberty and the pursuit of happiness to Americans, as well as denied a certain portion of the population equal protection under the law. The Supreme Court was unanimous in striking down the ban; Chief Justice Earl Warren even wrote that marriage was one of the “basic rights of man” in his opinion on behalf of the Supreme Court.
One would think that with the progressive actions during the Civil Rights Movements and thereafter, our country would overcome its discriminatory policies towards innocent Americans and treat every citizen equal under the law. Still, as seen by the remaining opposition to gay marriage in the United States, we’ve yet to further equal rights towards millions of those living in our country.
However, there’s a chance for redemption, and it hits close to home. On March 7, the trial to determine the legality of Michigan’s ban on adoption by same-sex couples concluded, and presiding federal judge Bernard A. Friedman stated that he hoped to rule on the case in two weeks.
The case follows a wave of victories for equality in the United States; just during the past four months, four gay marriage bans (in Utah, Oklahoma, Virginia and Texas) were struck down in U.S. District Courtrooms across the country.
Though the rulings were stayed, meaning that they were suspended until a higher court (such as a Circuit Court) could rule upon the issue, they show that gay marriage is inevitable in America’s near-future.
The courts’ rulings were the same of Loving v. Virginia’s. The rulings determined that equal protection and due process, each guaranteed to Americans under the United States Constitution, are denied when any gay marriage ban is on the books. Judge Friedman will find the same.
However, Michigan will be different. The reactions to the gay marriage rulings across the South were bigoted and savage; in a state like Michigan, where recent polls conducted by local news organizations, Equality Michigan and Glengariff Group Inc. show that a strong majority of Michiganders support the legalization of gay marriage, almost all reactions will be positive.
Though the case is about parenting rights, it’s clear that it’s developed to be much more. In the upcoming week, Judge Friedman will allow gay Michiganders to marry their partners.
There won’t be a stay or red tape surrounding the decision. Michigan will soon join the number of states that treat its residents as equal human beings.