Photo courtesy of unsplash.com
In light of Valentine’s Day, it is important to understand the relationship between love and diversity. The United States of America has addressed the issue of diversity in two Supreme Court cases on marriage.
In Loving v. Virginia (1967) the U.S. Supreme Court unanimously ruled that Virginia’s anti-miscegenation law violated the Equal Protection Clause of the 14th Amendment and subsequently legalized interracial marriage in the United States. Prior to Loving v. Virginia, 16 states still banned interracial marriage. Mildred and Richard Loving spearheaded the case as the plaintiffs and ultimately won.
In 2015, forty-eight years after the decision of Loving v. Virginia, the U.S. Supreme Court then heard the case of Obergefell v. Hodges (2015). In a 5-4 decision for Obergefell, the U.S. Supreme Court ruled that under the 14th Amendment, states are required to license same-sex marriage and legally recognize a same-sex marriage if it was licensed and performed in another state. The U.S. Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage in all 50 states. Prior to the 2015 Supreme Court ruling, same-sex marriage and/or civil unions were only legal in 37 states.
In 2019, the Equality Act was introduced in Congress by Rep. David Cicilline (D-RI). The bill was then passed in the U.S. House of Representatives by a vote of 236 to 173. Since then, the Equality Act has been referred to the U.S. Senate. Ultimately, the Equality Act would prohibit discrimination based on sex, gender identity, sexual orientation or other identities.
As such, the Equality Act could address the issue of discrimination based on same-sex marriage among other issues on sex, gender identity and sexual orientation. While U.S. Supreme Court cases Loving v. Virginia and Obergefell v. Hodges have progressed their respective movements, the Equality Act showcases that the fight for equality goes beyond marriage equality.
Since the U.S. Supreme Court decision in Obergefell v. Hodges, another issue on diversity and love has risen in prominance: disability marriage inequality. While not all people living with a disability are impacted, those who rely on welfare programs are actively affected by marriage inequality. Programs such as the Disabled Adult Children program are discontinued for those who are married, as the government assumes that their partner will be providing for the disabled individual.
Additionally, marriage often increases income, which means that some disabled people would no longer qualify for necessary welfare programs if their income rises above the poverty line after getting married. As such, some disabled individuals have chosen not to marry in order to keep their welfare programs intact as they and their partner could not afford the costs associated with their disability without the welfare programs.
Valentine’s Day is a day of love; however, some individuals do not have the freedom to express their love freely. Across the world, same-sex marriage is only legal in 28 countries. Additionally, some individuals continue to face discrimination for who they love, which makes the Equality Act significant in today’s society.
