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

Tucker Culbertson

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.