“Black people fit into the non-annulled marriage laws because they were husbands and wives, and the marriage laws were about husbands and wives.”
So? The states set marriage laws however they wish, remember? And many restricted blacks and whites from marrying, until SCOTUS said that was unconstitutional.
And the question is were those states that restricted it without marriage laws PERIOD after that ruling, and none were issued for anyone until a revised law was passed? And the answer is no.
I dont like what SCOTUS did with gay marriage, but this lady has no legal leg to stand on when it comes to this excuse of there being no law for her to follow.
You miss the point, which is that the USSC heretofore worked by deletion. The anti-miscegenation provisions were taken out by deletion, therefore the entire law did not need to be deleted.
Try that with husband and wife and see what you get! Husband and wife are baked into traditional marriage law in a way that anti-miscegenation never was.