Beyond Racial Precedents: Loving v. Virginia</i> as an Appropriate Legal Model and Strategy for Same-Sex Marriage Litigation

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 and equal protection is an appropriate model for same-sex marriage litigation both constitutionally and strategically. The existing scholarly literature fails to explore how this issue has been treated in case briefs, which are very important elements in any legal proceeding. I will argue that through an analysis of recent state court briefs in Massachusetts and Connecticut, Loving acts as logical precedent for the legalization of same-sex marriage. I also find, more significantly, that although this racial interpretation of due process and equal protection represented by Loving can be seen as an appropriate model for same-sex marriage litigation constitutionally, questions remain about its strategic effectiveness, as LGBT lawyers have moved away from race in some arguments in these briefs. Indeed, a racial interpretation of Due Process and Equal Protection doctrine imposes certain limits on same-sex marriage litigation, of which we are warned by some Critical Race theorists, Latino Critical Legal theorists, and other scholars. In order to fully incorporate a discussion of race into the argument for legalizing same-sex marriage, the dangers posed by the black/white binary of race relations must first be overcome.

Maryland, West Virginia & Virginia : Civil War Telegram Map, 1862 (Raster Image)

This layer is a georeferenced raster image of the historic paper map: War telegram marking map. It was published by L. Prang & Co. in 1862. Scale [ca. 1:490,000]. Covers portions of Maryland, West Virginia, the District of Columbia, and eastern Virginia. The image inside the map neatline is georeferenced to the surface of the earth and fit to the Universal Transverse Mercator projection (WGS 1984 UTM Zone 18N). All map collar and inset information is also available as part of the raster image, including any inset maps, profiles, statistical tables, directories, text, illustrations, or other information associated with the principal map. This map shows features such as roads, railroads, drainage, selected points of military interest, and more. Relief shown by hachures. Includes text: "Explanations.The extraordinary large scale on which this map is drawn has been adopted to make it just what we designed it to be, namely 1st. The most distinct map ever published of the whole Virginia territory, where the decisive battles for the Union will be fought. 2nd. A marking map, that is a map to mark the change of positions of the Union forces in red pencil and the rebel forces in blue, on the receipt of every telegram from the seat of war..." This layer is part of a selection of digitally scanned and georeferenced historic maps of the Civil War from the Harvard Map Collection. Many items from this selection are from a collection of maps deposited by the Military Order of the Loyal Legion of the United States Commandery of the State of Massachusetts (MOLLUS) in the Harvard Map Collection in 1938. These maps typically portray both natural and manmade features, in particular showing places of military importance. The selection represents a range of regions, originators, ground condition dates, scales, and purposes.

Heavy truck data in Virginia: collection, uses, and needs. Final report.

Virginia Department of Transportation, Richmond

Acts passed at a General Assembly of the Commonwealth of Virginia.

Mode of access: Internet.

West Virginia history

Recently published articles

The debates in the several state conventions on the adoption of the Federal constitution : as recommended by the general convention at Philadelphia in 1787 ...

"Together with the Journal of the Federal convention, Luther Martin's letter, Yate's minutes, Congressional opinions, Virginia and Kentucky resolutions of '98-'99, and other illustrations of the Constitution."

The times of the rebellion in the West: a collection of miscellanies, showing the part taken in the war by each western state--notices of eminent officers--descriptions of prominent battles--conspiracies in the West to aid the rebellion--incidents of guerrilla and border warfare--individual adventures--anecdotes illustrating the heroism of western soldiers, etc.

Ohio.--West Virginia.--Indiana.--Kentucky.--Illinois.--Michigan.--Wisconsin.--Minnesota.--Iowa.--Missouri.--Kansas.

Ames forester ...

Published annually.