Will SCOTUS Overturn Loving v. Virginia If It Makes SSM Legal?

Here is my reasoning.

Loving v. Virginia was the landmark SCOTUS decision in 1967 that made interracial marriage legal again. Here is the most common phrase quoted from the decision:

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival....(emphasis added)

"... basic civil rights of man...." is a direct quote from the Skinner v. Oklahoma decision made by SCOTUS in 1942, in which the court was affirming an individual's right to marry and procreate.

"...existence and survival" refer to the new generations of people who arise due to the marital union, which means that marriage is between a man and a woman. 



The court reinstituted interracial marriage by overturning Virginia's Racial Integrity Act of 1924, which made marriage between a white person and a negro illegal. This Act made interracial illegal because, as acknowledged elsewhere in the Loving decision, white legislators didn't want whites interbreeding with blacks. The Act cited eugenics arguments for prohibiting marriage between whites and non whites.


In both instances it is very clear that people in general and SCOTUS in particular understood that marriage was a procreative institution.

So......

If SCOTUS ever finds a constitutional right to SSM, making marriage a non procreative institution, does this overturn the Loving decision and reinstate the Racial Integrity Act of 1924, as well as other anti miscegenation laws?

I am not a legal expert. I am just trying to understand the ramifications to other SCOTUS decisions involving marriage, since the most cursory analysis of SCOTUS decisions involving marriage clearly indicate that marriage is procreative and therefore involves a man and a woman. Read the aforementioned decisions (not the Wikipedia sanitized versions) as well as Maynard v. Hill. Go chronologically: Maynard, Skinner, Loving. Maynard in particular is fascinating! If you only read one, read Maynard.


Maynard v. Hill
Skinner v. Oklahoma
Loving v. Virginia

What happens to these decisions of SCOTUS finds that marriage is not procreative, or makes marriage a non procreative institution?

What is an Annulment?

Since there is so much confusion about annulments, I thought I'd write a post about them to help clarify what they are.

In our culture, one way we think of people is that they are married, or they are not married. It's black and white. We don't have an in-between concept. Actually, we do have one, but it's only understood in the legal profession. We'll get to that term in a moment.

Let me use an analogy. It's like a circle. The married person has a circle, the unmarried person does not have a circle. We don't usually think of people as having partial circles.... we don't usually think of people as being in a marriage that is not quite whole. We don't usually think of them being in marriages where some important, fundamental element is lacking. We think of them as being married, or not married. This sort of black and white thinking causes confusion when it comes to annulments.