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The New York Times editorial board has suggested in a new essay on the potential ending of Roe v. Wade suggested on Friday that some states still “probably won’t” allow interracial marriage.
“Imagine if each state were free to choose whether or not to allow blacks and whites to marry,” the editorial board wrote. “Some states would allow such marriages; others probably wouldn’t. The laws would be a hodgepodge, and interracial couples would suffer, legally relegated to second-class status depending on where they lived.”
The board noted the Supreme Court’s 1967 ruling that banning interracial marriage was a violation of the 14th Amendment. The article also stated that Alabama did not remove the law from its books until 2000.
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The authors argued that the Supreme Court “exists to protect these rights when state and local authorities refuse to do so,” referring to the leaked Supreme Court opinion of Dobbs v. Jackson Women’s Health Organization, which appeared to signal that the court was preparing to overturn Roe v. Wade. Supreme Court Justice Samuel Alito’s draft opinion was first published by Politico on May 2.
The council argued that leaving issues like interracial marriage or abortion to the states means “millions of Americans will be deprived of their basic rights.”
“In short, constitutional rights only make sense if they apply nationwide,” the editors wrote. “That’s why the Supreme Court decided Loving v. Virginia and Roe v. Wade the way it did. These rights are inherent in the Constitution, even if they are not made explicit therein.”
The authors argued that the many efforts by states to protect abortion access or ban abortions show the need for a “national standard.”
The draft opinion indicates that “it is time to respect the Constitution and to return the question of abortion to the elected representatives of the people”.
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Nate Hochman, ISI Fellow at National Review, responded to the editorial board’s article on Twitter.
“I’m sorry, but which US state would actually choose to ban interracial marriage in the Year of Our Lord 2022,” he wrote.
The popular AGHamilton29 Twitter account responded to Hochman’s tweet and said the claim was “nonsense”, saying it was a “direct result of the NYT claiming that people it doesn’t disagreed politically were racist.The account included a link to a 2021 Gallup poll that found 94% of Americans, compared to just 4% of people who supported it in 1958.
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“The NYT op-ed on Roe v. Wade begins by falsely asserting that states today would ban interracial marriage,” responded DC Examiner reporter Jerry Dunleavy. “A hopeless argument on a slippery slope and a ridiculous comparison, because marrying the person you love and killing an innocent unborn child are hardly alike.”
Podcast host Noam Blum also criticized the board’s assertion, saying it was easy to formulate “if you don’t mention any particular state, because maybe the actual numbers will be there.”