So, you want proof that people were getting married during an age when even admitting to being gay was a crime?!?! I suppose that kind of does make your point - when they was originally conceived, the statutes of marriage probably were assumed to be between only men, and women, since even admitting that you were involved in a relationship with a man could land you in jail. That is the beauty of our legal system, and our Constitutions, whether they be Federal, or State - they are imminently fluid. When the sodomy laws all began to fall apart, and it was no longer considered inappropriate, let alone illegal (well...for everyone except the religious zealots) to be gay, it was only a matter of time before they started taking advantage of the marital rights afforded to loving committed couples.
The point I was trying to make concerns posters here getting all in a snit about states making laws to restrict marriage to opposite sex couples, acting as if the original precedent was never there, and that these laws were passed "all of a sudden for no reason."
Oh no! There was a reason: You people were shitting yourselves that these damned faggots were acting like normal people! How DARE they!!!!
The Constitution is being treated far more fluidly then it ever was designed to be. It is being changed, not interpreted via the courts. It should be though the amendment process, not the opinions of 5 of 9 un-elected lawyers.
Wellll...that's not entirely true. If a state makes changes to its constitution, even if it was done so in accordance with its own amendment process (which, for the record, many of these
weren't), and that change is in conflict with the
Federal Constitution, then guess which one takes precedent. So, the Federal Courts were still within their purview to hand down the rulings they did.