Fox Analyst Questions Civil Rights Precedent On Interracial Marriage, De-Segregation

Yesterday, during an episode of Fox News’ Outnumbered, guest Julie Roginsky made the point that the Supreme Court has ruled on marriage cases prior to the ruling on gay marriage – for example with interracial marriage.   Contributor Arthur Aidala seemed to go back in time and question whether Loving v. Virginia – the case that made interracial marriage legal across the U.S. – was legal or moral.

Aidala then seemed to go even further back and question whether or not Brown v. Board of Education – a desegregation decision – was acceptable.

The below transcript comes from the Media Matters for America website.

MELISSA FRANCIS: Alright, I’ve got to bring Julie in on this, because she’s chomping.

JULIE ROGINSKY: I’m dying. Look, we’ve had this before, Loving V. Virginia, which allowed and legalized marriage between a black man and a white woman, or vice versa, I don’t remember who was who in that situation. That came from the courts. And there was a religious furor about it and people used religion back then, as ridiculous as it sounds, to say that we shouldn’t have mixed races, we shouldn’t promulgate biracial families. And the reality is it was done by the courts. Can you explain to me how this is any different? Love is love and people should marry whom they want and I don’t understand how that’s not —

AIDALA : That’s not the argument I’m making. The argument I’m making is the court is not the proper branch —

ROGINSKY: But, they’ve done it before.

AIDALA: So they’ve made mistakes before, that doesn’t mean you should make mistakes again.

(The following exchange came later during the same conversation.)

ROGINSKY: But then why go to a courthouse and have a judge marry you if it’s not a legal issue? And I’ll leave it at that, because I know —

AIDALA: Because Congress is supposed to be the one who decides whether they can do it or they can’t do it. Congress empowers the judiciary. So it should be Congress’ job along with the executive.

ROGINSKY: So Brown V. Board of Education was the same thing, that Congress should have done it?

ARTHUR: Probably, yes.

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