Purvis provides a potential line of argument for those seeking domestic partnership rights drawing upon cases in the late 19th century seeking to use the right to contract to overturn interracial marriage bans. Although those cases were unsuccessful, Purvis argues that an increasingly contractual view of marriage makes this a viable argument for domestic partnership rights.

The author focuses on the antisubordination aspect of Loving v. Virginia [388 U.S. 1 (1967)], and how it can be utilized in the same-sex marriage context. The article begins with a summary of the debate which compares antimiscegenation laws to laws banning same-sex marriage and how Loving’s principles of freedom of choice, antidiscrimination, and antisubordination apply in both contexts. The article also argues how same-sex relationships challenge White supremacy and concludes by focusing on same-sex marriage as a civil rights issue.