Loving v. Virginia and Same Sex Marriage: Mapping the Intersections

Abstract

In the volatile legal debate over same sex marriage, many have used Loving v. Virginia (1967), which legalized interracial marriage, to argue for marriage equality. Their arguments stem from the rationale that the equal protection and due process clauses under the Fourteenth Amendment that allowed for interracial marriage should also allow for same sex marriage. In my paper, I examine same sex marriage cases and the application of the Loving analogy to their outcomes. Drawing from scholars such as R.A. Lenhardt and Evan Wolfson, I show the broader effects of examining past discrimination to end current discrimination.