Lesbian, Gay, Bisexual, and Transgender Studies Commons^™

Beyond Racial Precedents: Loving V. Virginia As An Appropriate Legal Model And Strategy For Same-Sex Marriage Litigation, Michael J. Csere

Honors Scholar Theses

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process …