“What Does Marriage Equality Have to Do with Dred Scott?” – The New Yorker

Many of those who object to the Obergerfell ruling have compared it to the disgraceful Dred Scott (1857) decision that declared that even free blacks could not be citizens and that the Missouri Compromise was unconstitutional thus effectively nullifying the idea of slave free states. Amy Davidson debunks this flawed analogy in a discerning article at The New Yorker.  The analogy basically fails because “Dred Scott constrains liberty and Obergefell expands it,” but Davidson further breaks down the failures of this analogy by diving deeper into the Scott case. Thus Davidson’s exposé is also a reminder of the shameful racism that is part of our historical legacy.

Why are some using this analogy? Davidson concludes, “In part, Dred Scott is simply being used to give Obergefell a bad name—as pure invective, another way to call the decision rotten and the Supreme Court deluded. This is low enough; Dred Scott is a truly degraded decision, in a way that no other of the Court, conservative or liberal, has since matched. And, in part, the analogy reflects the notion, held by some contemporary conservatives, that they are now the ‘real’ victims of bigotry.”

Read the entire article here: What Does Marriage Equality Have to Do with Dred Scott? – The New Yorker.

 Eliza and Lizzie Scott, children of Dred Scott. Credit Image by Getty/MPI

Eliza and Lizzie Scott, children of Dred Scott.
Credit Image by Getty/MPI

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s