50 Years of Loving: A Reflection on Seeking Justice Through Love and Relationships

8 Pages Posted: 14 Jan 2019

See all articles by Nicholas A. Mirkay

Nicholas A. Mirkay

William S. Richardson School of Law, University of Hawaii

Date Written: 2017

Abstract

The significance of the fiftieth anniversary of the United States Supreme Court’s decision in Loving v. Virginia can be neither underestimated nor underappreciated by the members of the lesbian and gay community presently in, or aspiring to be in, legally-recognized marriages. The thematic overlaps between Loving and the Supreme Court’s more recent decision in Obergefell v. Hodges are inescapable. Both cases involve the marital rights of two individuals who society viewed as non-traditional and, thus, inappropriate marital partners. In both cases, the court system and a segment of society, in varying degrees, evolved to accept the marital rights of interracial and same-sex couples, contrary to another segment of society that did not condone and protested the conferral of such rights. Mildred Loving, one of the plaintiffs in Loving, clearly saw the connection between her and her husband’s fight for racial equality in marriage and the struggle for same-sex marriage recognition. She endorsed equal marriage for all couples, regardless of their race, sex, or sexual orientation in a statement entitled “Loving for All,” issued for the fortieth anniversary of the landmark decision.

This essay is a reflection on the effects of the Loving decision on same-sex legal relationships in general, and on my legal relationship in particular. This reflection is one of a number of essays and articles published as part of a Creighton University symposium held on March 24, 2017.

Suggested Citation

Mirkay, Nicholas A., 50 Years of Loving: A Reflection on Seeking Justice Through Love and Relationships (2017). Creighton Law Review, Vol. 50, No. 3, 2017. Available at SSRN: https://ssrn.com/abstract=3309979

Nicholas A. Mirkay (Contact Author)

William S. Richardson School of Law, University of Hawaii ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States
8089569435 (Phone)

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