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For the supreme court to weigh in on interracial marriage? by 1954, the court had already ruled in cases involving race and discrimination. the most famous in brown v. board which the court held it was unconstitutional. so why wait until 1967 to hear the case about interracial marriage. here are all of the states that had laws on the books. banning interracial marriage. by 1967 only 16 states still had the laws on the books. in the decades between 1947 and 1967 the years the supreme court was staying mom on the issue, most states decided on their own. the court was following on their heels, fo...

>> so very quickly before we go, today is a good day for supporters of gay marriage. that's the bottom line? >> i think it's a great day. i think it's a great day because in the perry case, there's no question it's a great in respect to doma. for the perry case, it's a great day even though there might be skeptics because in that case there's a beautiful record, there's a trial in this case. whenever there's a trial, the pro-gay side wins. it's almost a per se rule. in red states like arkansas and florida, the gay rights activists have won and blue states without a trial, we have lost. so beca...

By 1954, the court had already ruled in cases involving race and discrimination. the most famous in brown v. board which the court held it was unconstitutional. so why wait until 1967 to hear the case about interracial marriage. here are all of the states that had laws on the books. banning interracial marriage. by 1967 only 16 states still had the laws on the books. . in the decades between 1947 and 1967 the years the supreme court was staying mom on the issue, most states decided on their own. the court was following on their heels, following the heels of public opinion. this is a big debate...

In 1967 supreme court ruled unanimously that race cannot be used as a basis to restrict marriage. this was a famous case. loving versus virginia. the amazingly named lovings were richard and mildred. in 1958 they travelled to washington, d.c. so they could get married. when they returned to virginia where interracial marriage was against the law, they were sentenced to a year in prison for getting married. when the judge in virginia sentenced them to prison he said "god created the races and placed them on separate continents. he did not intend for the races to mix." the lovings appealed that ...

Recognized. 73%. here's the question. the court is choosing to rule now. are the justices looking at the trends and saying we need to use our power, our installation to public opinion to put a stop to it or are they looking at the trends and seeing a chance to join his ri. to become the court that says gay marriage is protected under the constitution. joining us is the chief justice professor at constitutional law at nyu. thank you for being here. that's a great title. my question is simple. why now? >> the court is a passive institution. it can't reach out and grab cases. but there's an addit...