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Wardle, Lynn D. and Lincoln C. Oliphant, In Praise of Loving: Reflections on the “Loving Analogy” for Same-Sex Marriage. How. L.J. 117-186 (2007).
Wardle and Oliphant present a variety of arguments against analogizing prohibitions of same-sex marriage with the prohibition on interracial marriage struck down in Loving v. Virginia, an analogy which they argue devalues Loving. Among the arguments articulated are those based upon court decisions refusing to extend the principle of Loving to same-sex marriage and the authors’ assertion that the African-American community is opposed to same-sex marriage.
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