Interracial Marriage and Same-Sex Marriage: Why the Analogy Fails
Public Discourse (May 21, 2010), https://www.thepublicdiscourse.com/2010/05/1324/
8 Pages Posted: 21 Jun 2021
Date Written: May 9, 2010
Many writers, and some judges, in making their case for the legal recognition of same-sex marriage argue that the non-recognition of same-sex marriage is analogous to laws that banned interracial marriage. The author, relying on the history of anti-miscegenation laws and their challenge to common law marriage, argues that the analogy fails.
Keywords: anti-miscegenation laws, same-sex marriage, common-law marriage, interracial marriage
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