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Several Democratic lawmakers and activists who voiced concerns that a potential overturn of Roe v. Wade could lead to a similar fate for Loving v. Virginia’s interracial marriage protections were blasted by conservatives for wild rhetoric.
At an abortion rights rally in Philadelphia, Rep. Madeleine Dean, D-Pa., characterized the Supreme Court as “extremist” and claimed, “If Roe can be overturned, what’s next: gay marriage, Brown v. Board, Loving v. Virginia?”
Dean added that courts are already “chipping away… at our voting rights.” During an appearance on “The View,” Sen. Elizabeth Warren, D-Mass., worried the U.S. doesn’t “have a long history of protecting equal marriage… [or] protecting interracial marriage.”
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Similar sentiments were voiced by House Intelligence Committee member Eric Swalwell, D-Calif., who claimed the GOP seeks “banning abortion” and “want[s] to ban interracial marriage,” urging supporters to vote Democrat in November.
The Loving case involved Virginia residents Richard Loving – who was White — and Mildred Loving — who was a person of color — being charged in 1958 under the state’s Racial Integrity Act, which prohibited their union and laid out a strict definition of “White” individuals.
The Lovings had gotten married in the District of Columbia — which didn’t have a ban — but were charged and pleaded guilty after returning to Virginia.
Following a series of events beginning with Mildred Loving writing to then-Attorney General Robert F. Kennedy, the Supreme Court ultimately struck down the Virginia law and all other anti-miscegenation codes in the 1967 landmark decision.
Several conservative commentators balked at liberals’ concerns – and in many cases, hysteria – following the leak of the draft opinion. Fox News host Dan Bongino said a reading of Alito’s leaked draft should instantly calm them.
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“Quote: Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion, Justice Alito insists,” he said on “The Dan Bongino Show.”
“Did you actually read it?” Bongino asked, addressing liberal critics. “[R]idiculous examples like ‘they’re, gonna ban interracial marriage’ — which is so laughably stupid. You could only be a Biden supporter to believe it.”
Bongino claimed liberal concern about interracial marriage again being banned or “LGBTQ kids being segregated” is based on “ignorance.”
In direct response to Swalwell, pro-life advocate Lila Rose remarked that “Clarence Thomas would like a word.”
Thomas, who is Black, is married to Virginia Thomas, who is White.
Later, on “Fox Across America,” host Jimmy Failla argued Democrats have to bring up the interracial marriage case because “they don’t have anything specific they can run on [in the midterms] when it comes to their record.”
On “The Vince Coglianese Show”, law professor Ilya Shapiro called liberals’ claims ridiculous, wondering aloud where such a movement to overturn interracial marriage might start.
“Democrats and left-wing activists – but I repeat myself – are talking about other rights [like] interracial marriage? ” Shapiro asked.
“Who is proposing to get rid of interracial marriage? What kind of state legislature and going to do that?”
Coglianese argued liberals may have to go an extra step because “abortion is not popular enough to defend.”
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