[quote]smh23 wrote:
Every single person subject to an anti-miscegenation law is barred from the same act–marriage to a person of another race. [/quote]
Yes, but this fact alone doesn’t make it equally discriminate.
This is where you fall of the train tracks.
It certainly matters, because it hurts one group more than the other group. It places more of a restriction on one group than it does another. It puts one group at a massive disadvantage as compared to the other.
This makes it unequal in the eyes of the law.
Correct again, you just have to take the next step and look at what the restrictions effects are, and if those effects are spread equal among the population.
Interracial marriage bans are harder on minority races. Even if you ignore the disadvantages the particular minorities in question already had, this placed more on them by denying them access to the same pool of potential partners as others races.
Same sex marriage bans equally restrict both sexes from entering into a particular type of contract. The ban doesn’t hurt one sex more than the other, as they are both denied access to the benefits of the contract in the eyes of the law.
Again though, I’m not opposed to same sex marriage. Maybe it is me, maybe I’m young, maybe I’m stupid, but I haven’t seen enough to make believe that allowing two members of the same sex to file joint and be on eachother’s insurance as something we should deny.
But at the same time, if calling same sex marriage something other than marriage, but with 100% the same benefits from the government is a step towards resolution and compromise on the issue, then both sides need to embrace the idea with at least tolerance if acceptance is beyond them for what ever reason.