In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia—as in twenty-three other states then—interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation’s history. Race, Sex, and the Freedom to Marry tells the story of this couple and the case that forever changed the law of race and marriage in America. The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters—the couple, two young attorneys, and a crusty local judge who twice presided over their case—as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In Race, Sex, and the Freedom to Marry, Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context—even at the center—of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity—distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage. A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.

The landmark story of how interracial love and marriage changed American history—and continues to alter the landscape of American politics When Mildred and Richard Loving wed in 1958, they were ripped from their shared bed and taken to court. Their crime: miscegenation, punished by exile from their home state of Virginia. The resulting landmark decision of Loving v. Virginia ended bans on interracial marriage and remains a signature case—the first to use the words “white supremacy” to describe such racism. Drawing from the earliest chapters in US history, legal scholar Sheryll Cashin reveals the enduring legacy of America’s original sin, tracing how we transformed from a country without an entrenched construction of race to a nation where one drop of nonwhite blood merited exclusion from full citizenship. In vivid detail, she illustrates how the idea of whiteness was created by the planter class of yesterday and is reinforced by today’s power-hungry dog-whistlers to divide struggling whites and people of color, ensuring plutocracy and undermining the common good. Not just a hopeful treatise on the future of race relations in America, Loving challenges the notion that trickle-down progressive politics is our only hope for a more inclusive society. Accessible and sharp, Cashin reanimates the possibility of a future where interracial understanding serves as a catalyst of a social revolution ending not in artificial color blindness but in a culture where acceptance and difference are celebrated.

A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

This two-volume work celebrates 50 notable achievements of African Americans, highlighting black contributions to U.S. history and examining the ways black accomplishments shaped American culture. This two-volume encyclopedia offers a unique look at the African American experience, from the arrival of the first 20 Africans at Jamestown through the launch of the Black Lives Matter movement and the Ferguson Protests. It illustrates subjects such as the Jim Crow period, the Brown v. Board of Education case that overturned segregation, Jackie Robinson's landmark integration of major league baseball, and the election of Barack Obama as president of the United States. Drawing from almost 400 years of U.S. history, the work documents the experiences and impact of black people on every aspect of American life. Presented chronologically, the selected events each include at least one primary source to provide the reader with a first-person perspective. These range from excerpts of speeches given by famous African American figures, to programs from the March on Washington. The remarkable stories collected here bear witness to the strength of a group of people who chose to survive and found ways to work collectively to force America to live up to the promise of its founding.

Today we find ourselves at a crossroads of two powerful, unrelenting currents that are completely at odds with one another. The movement for legal recognition of same-sex unions has gone beyond the separate but equal status of civil unions to demand equality in marriage for all couples. Progress is being made on many fronts: mayoral action, clergy officiating at same-sex marriage and union ceremonies, state legislative responses, and street protests, to name a few. Meanwhile, opposition to same-sex marriage has also been gathering strength. The struggle is sure to continue unabated for some time to come, pitting those who believe in the traditional definition of marriage as a union between a man and a woman—and who seek to codify this belief in the U.S. Constitution—against those who find the basis for marriage between two loving, committed individuals not only in the history of our civil rights legislation and court decisions, but also in scripture and sacred religious traditions. Those who believe in extending to same-sex couples the 1,049 rights conferred by marriage as well as the supportive embrace of religious communities seek to strengthen the institution of marriage by making it inclusive and by passing laws and broadening doctrines to uphold marriage rights for all couples. This three-volume set clarifies the legal, political, religious, cultural, and social ramifications of same-sex marriage for gay and lesbian couples and their families and friends, and for the general public interested in the future of civil rights in the United States.

During the past three decades, nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant these couples various rights associated with marriage. In Equality for Same-Sex Couples, Yuval Merin presents the first comparative study of the legal regulation of same-sex partnerships worldwide, as well as a unique survey of the status of same-sex couples in Europe. Merin begins by providing a historical overview of the transformation of marriage from antiquity to the present. He then identifies and critically compares four principal models for the legal regulation and recognition of same-sex partnerships: civil marriage, registered partnership, domestic partnership, and cohabitation. Merin concludes that all of the models except civil marriage discriminate against gays and lesbians just as the "separate but equal" doctrine discriminated against African Americans; thus, so-called alternatives to marriage, even if they provide the same rights and benefits as marriage, are inherently unequal and therefore unconstitutional.

This book takes a critical approach to the US Supreme Court ruling in Loving v. Virginia.

The relationship between religious belief and sexuality as personal attributes exhibits some provocative comparisons. Despite the nonestablishment of religion in the United States and the constitutional guarantee of free exercise, Christianity functions as the religious and moral standard in America. Ethical views that do not fit within this consensus often go unrecognized as moral values. Similarly, in the realm of sexual orientation, heterosexuality is seen as the yardstick by which sexual practices are measured. The notion that "alternative" sexual practices like homosexuality could possess ethical significance is often overlooked or ignored. In her new book, An Argument for Same-Sex Marriage, political scientist Emily R. Gill draws an extended comparison between religious belief and sexuality, both central components of one’s personal identity. Using the religion clause of the First Amendment as a foundation, Gill contends that, just as US law and policy ensure that citizens may express religious beliefs as they see fit, it should also ensure that citizens may marry as they see fit. Civil marriage, according to Gill, is a public institution, and the exclusion of some couples from a state institution is a public expression of civic inequality. An Argument for Same-Sex Marriage is a passionate and timely treatment of the various arguments for and against same-sex marriage and how those arguments reflect our collective sense of morality and civic equality. It will appeal to readers who have an interest in gay and lesbian studies, political theory, constitutional law, and the role of religion in the contemporary United States.

"Casebook for law students studying Family Law"--