David R. Upham, Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause (2013), available at SSRN.

Ilya Somin

Legislation banning interracial marriage has long played an important role in debates over originalism and constitutional interpretation. When such laws came under legal attack in the 1950s and 1960s, their seeming compatibility with originalism was emphasized by conservatives and segregationists as a justification for courts to uphold them.Since the Supreme Court invalidated laws banning interracial marriage in Loving v. Virginia […]