Proof Marriage not Protected Under the Fourteenth Amendment
by P.A. Madison on August 13th, 2010
Need proof the 39th Congress who debated and adopted the Fourteenth Amendment did not consider State laws of marriage to come under the amendment?
Former rebel States under Reconstruction were required to frame new constitutions and have State statutes that conformed to the provisions of the Fourteenth Amendment. Constitutions and questionable laws had to first receive approval of the House and Senate before any of the former rebel States could be restored. This included lengthy floor debates over each States new Constitution and any questionable statutes found.
Section 1707 of the Georgia Code provided, that “the marriage relation between white persons and persons of African descent is forever prohibited, and such marriages shall be null and void.” Neither Congress nor the US District commander found any objections to this code and it remained on the books after Georgia’s Constitution and laws was found to conform with the Fourteenth and Fifteenth Amendments by those who framed them.
The court came to same conclusion in Ex rel. Hobbs & Johnson, § 13, 14.
As I have mentioned before, there is mass confusion today over equal protection and equal rights. The courts would be well advised to learn the difference between these two distinct principles.