Decoding the Constitutional Challenges to Traditional Marriage

John C. Eastman, Chapman University

This article was originally published in Engage: The Journal of the Federalist Society Practice Groups, volume 14, issue 1, in 2013.

Abstract

In a new Heritage Legal Memorandum, John Eastman notes that in Loving v. Virginia (a challenge to the state’s law criminalizing the marriage of interracial couples), the Supreme Court upheld the freedom to marry as “a fundamental freedom that could not be denied on so unsupportable a basis as a racial classification.”