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The state of Whatchamacallit has made it illegal under a statutory scheme for any blue person and orange person to leave the state to get

  • The state of Whatchamacallit has made it illegal under a statutory scheme for "any blue person and orange person" to leave the state to get married with the intention of returning in order to live in Whatchamacallit as a married couple. As such, any person deemed to have violated the first provision just stated would be liable for a criminal felony punishable for up to 1 to 5 years in a state penitentiary. Emily, who has blue skin, and Ryan, who has Orange skin, were recently married in the State of Doesitreallymatter, where it was legal for them to get married. But upon returning to Whatchamacallit, the police had been tipped off, and they were arrested soon after crossing the state line. They were then convicted and sent to jail. They appealed their case to the state Supreme Court, which upheld their conviction on a previous case that stated the purpose of the state laws was to "preserve the racial integrity of its citizens," and to "prevent the corruption of Blue Blood," the birth of "a mongrel breed of citizens," and the "obliteration of Blue pride." The case was recently selected on certiorari to be heard by the Supreme Court. The Whatchamacallit State attorney has made the following arguments: 1) This is a 10th Amendment Issue, and the decisions regarding marriage or criminal law should best be left to the states; 2) The Equal Protection Clause of the Constitution only requires that members of different races be punished the same, which the state will do in this case; and 3) If the Equal Protection Clause does not apply, the Court should defer to the Whatchamacallit State legislators for having a rational basis to treat interracial marriages differently from other marriages. You are the hotshot attorney recently hired by the Whodathunkit Civil Liberties Union (WCLU) to argue the case before the Whodathunkit Federal Supreme Court. Assuming the law and history of Whodathunkit is exactly the same as the United States, make your best argument in this case. What is your argument against each of the State's attorney's arguments mentioned above?

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