Arguments Against Marriage Equality: Commemorating & Reconstructing Loving v. Virginia

Abstract

The year 2007 marked the fortieth anniversary of Loving v. Virginia, in which the Supreme Court denounced antimiscegenation law and policy. I argue here that Loving was wrongly decided. I argue against the fundamental right to marriage declared in Loving, and offer alternative interpretations of the harms and rights at issue in the case.

Keywords

Discrimination, Critical legal studies, Human rights, Marriage, Loving v. Virginia, 87 S. Ct. 1817 (1967)

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Authors

Tucker Culbertson (Columbia Law School)

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