Sen. Braun suggests that interracial marriage should be left to states to decide — then clarifies remarks

Sen. Mike Braun, R-Ind., suggested Tuesday that the legality of interracial marriage — on which the U.S. Supreme Court ruled in 1967 — was an issue that was best left for individual states to decide. Hours later, however, he issued a statement attempting to clarify his remarks.

Braun was fielding questions from reporters in Indiana about the possibility that Roe v. Wade, the high court decision that protects a woman’s right to have an abortion, would be overturned later this year by the Supreme Court. The senator said he felt that such a decision would not qualify as “judicial activism” because he did not agree with the original 1973 ruling. Overturning Roe, Braun argued, would put the country back into a neutral position regarding abortion.

“This should be something where the expression of individual states are able to weigh in on these issues through their own legislation, through their own court systems. Quit trying to put the federal government in charge,” Braun said.

He was then asked about the Supreme Court ruling in Loving v. Virginia, which banned states from enacting laws that restricted interracial marriages.

“When it comes to issues, you can’t have it both ways,” Braun responded. “When you want diversity to shine within our federal system, there are going to be rules and proceedings that are going to be out of sync, maybe, with what other states would do. It’s the beauty of the system.”

Braun was then asked to confirm whether he meant he would be OK with the Supreme Court leaving the issue of interracial marriage up to the states.

“Yes,” Braun replied. “I think that’s something, if you’re not wanting the Supreme Court to weigh in on issues like that, you’re not going to be allowed to have your cake and eat it too.”

Early Tuesday evening, Braun issued a statement saying he “misunderstood” the line of questioning about interracial marriage.

"Earlier during a virtual press conference I misunderstood a line of questioning that ended up being about interracial marriage, and let me be clear on that issue — there is no question the Constitution prohibits discrimination of any kind based on race. That is not something that is even up for debate, and I condemn racism in any form, at all levels and by any states, entities, or individuals,” Braun said.

Braun’s comments came while the Senate Judiciary Committee was holding a confirmation hearing for Supreme Court nominee Ketanji Brown Jackson, a Black woman from Florida whose husband is white.

A Gallup tracking poll last taken in 2013 found that 87 percent of American adults approved of marriage between Blacks and whites, but only about 20 percent approved at the time the Supreme Court ruled in 1967.

A Yahoo News/YouGov poll released in December found that just 24 percent of Americans wanted Roe v. Wade to be overturned, but many expect the court to strike down the protections after it heard oral arguments late last year on a Mississippi abortion ban law.