Fox News host Megyn Kelly challenged Maggie Gallagher, the co-founder of the National Organization for Marriage, over her opposition to the Supreme Court potentially striking down Prop 8 on Tuesday, comparing the law to previous bans on interracial marriage.
The Supreme Court began hearings on Prop 8, the California state ban on same-sex marriage, on Tuesday. Kelly discussed the case with Gallagher, who argued that the Supreme Court should not override the democratic rights of Californians who voted for Prop 8.
Kelly disagreed, saying that the Supreme Court has done similar things before, and stepped in to outlaw bans on interracial marriage. She said:
But before I get back to Richard on that, there was a time in this country in which interracial marriage was not lawful. And the Supreme Court had to step in and say, 'That's wrong. Under the U.S. Constitution, under the Equal Protection clause, whites can marry blacks and states are not free to tell them otherwise.' And those that advocate on behalf of this issue, Maggie, they say this is another, sort of, iteration of that.
Kelly made the same comparison last August when debating Chick-Fil-A's support for anti-gay groups, saying that the bans on interracial marriage were eventually struck down. "Why is gay marriage any different?" she had asked.