@High Seas,
High Seas wrote:
Your comment is self-evident, but that's not my argument. I don't care if whatever Virginia statute was overturned in Loving was unconstitutional, I know the statute to have been unenforceable and can prove this mathematically using dynamic programming algorithms for random sequences as found e.g. in the decoded human genome. For example: the aboriginals of Papua-New Guinea are black, but their DNA shows them to have even fewer "African" genes than Europeans. In 1967 (date of the Loving decision) DNA's right handed double helix had long been known but we lacked the massively parallel computational resources to map the human genome. Presumably the Virginia and the 42 other states' similar statutes only meant to distinguish black persons potentially descendants of former slaves (to protect some property rights, if I remember correctly) and never meant to include people like the ANZ aborigines, who may be pitch-black but who had no slaves among their ancestors. And you will, I hope, agree that keeping unenforceable laws on the books simply makes the law look silly, so whatever the constitutionality of that Virginia statute it should have been stricken from the books as unenforceable on computational grounds.
However, that's not my argument:
Then why did you spend so much time on it?
High Seas wrote: if you read again my statement as quoted in your post you'll see I make no connection between any potential breach of Louisiana statutes and the hypothetical anticonstitutionality of the JP's opinion you postulate.
Actually, you did.
High Seas wrote:I find the "equal protection" clause as applying to race de facto meaningless since the full decoding of the human genome, and I therefore consider threats of charging the JP with breach of "civil rights" laws absurd.
Only if you consider "race" to be a scientific concept. Racists, however, are generally not overly concerned with the scientific basis of their racial views. It is fortunate, therefore, that the civil rights laws don't protect scientific classifications, they protect people.
High Seas wrote:He has an opinion on the color-coordination of the contracting parties in a marriage ceremony? Let him. I also have an opinion on letting homosexuals serve openly in fighting units; my opinion is shared by every senior military officer in the US and allied armed forces. You don't share it, fine. I see no reason to freak out and get hysterical as some posters here - the latter set definitely not including you.
I don't think anyone has said that the JP could not hold the opinion that mixed race couples shouldn't marry. As a private citizen, he can entertain any opinion he likes, no matter how vicious or idiotic it might be. The point, however, has been that the JP can't
act on that opinion in his capacity as a JP and refuse to issue marriage licenses to mixed-race couples.
High Seas wrote:And yes, I do think the Brandeis Muller brief is the most relevant here, not because of any connection with protecting womanhood, but because of its affirmation of "police powers" without which any state or organization is bound to collapse into total anarchy. I did say at the outset it was a subtle argument and hope that latest analysis has made it clear.
The police power is not an all-purpose "get out of jail free" card for states or even wayward JPs. If it were, then a state could simply abrogate the entire constitution by virtue of its police powers. A state can only exercise its police power in conjunction with the constitution. In other words, a regulation promulgated under a state's police power must still adhere to the constitution. If it doesn't, then it's unconstitutional, and the fact that it was passed pursuant to the state's police power will avail it nothing.