Article

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

Author: Tucker Culbertson (Columbia Law School)

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)

How to Cite: Culbertson, T. (2007) “Arguments Against Marriage Equality: Commemorating & Reconstructing Loving v. Virginia”, Washington University Law Review. 85(3).