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Reason
Reason
Politics
David Bernstein

No, the Supreme Court is Not Going to Reconsider the Constitutionality of Bans on Interracial Marriage

There's a lot of loose talk going around about the potential consequences of the Court's pending decision to overrule Roe v. Wade. Among other things, some serious people, such as several law professors in this Vox symposium, are suggesting that the Court may overrule Loving v. Virginia, which held that laws prohibiting interracial marriages are unconstitutional. After all, if abortion is not a firmly established historical right protected by the Due Process Clause, then perhaps neither is interracial marriage.

There are three reasons why Loving is safe.

First, over ninety percent of Americans approve of interracial marriage (compared to four percent in 1958!). Even more presumably think it should not be illegal, even if they disapprove of it. As a result, no state is going to ban interracial marriage, so no case will come to SCOTUS.

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