After Marriage Equality Decision, Fox Analyst Questions Civil Rights Precedent On Integration, Interracial Marriage

Fox's Arthur Aidala Argues Loving V. Virginia Decision On Interracial Marriage And Brown v. Board Of Education Were “Mistakes”

From the June 26 edition of Fox News' Outnumbered:

Video file

ARTHUR AIDALA: What would I have liked to have spoken to Judge Napolitano about, this is really not how it's supposed to work. In other words, even Judge Breyer, who is, in my opinion, the leader of the left, he asked during the oral arguments, are these 9 guys, men and women, up here in robes who are not accountable to the voters, are we supposed to change the definition of marriage that's been in effect for thousands of years? Because that's not how we're set up. The court isn't supposed to do that. Congress is supposed to do that or the executive branch is supposed to do that. And then the court is supposed to say it's ok or it's not ok.

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.


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.

ROGINSKY: Well, then you're overturning tons of precedent here.