Loving: The Significance of Race

The Loving opinion treated race as a monolithic and meaningful category, even though the realities of the case itself subverted this account. The litigation arose in Caroline County, Virginia, a place called the “passing capital of America” because so many light-skinned blacks were mistaken for whites. In addition, the Jeters made clear that “Richard [wasn’t] the first white person in our family,” suggesting that Mildred’s own racial background was complex.

Rachel F. Moran, “Loving and the Legacy of Unintended Consequences,” (Wisconsin Law Review, Issue 2, 2007), 241-281. https://www.researchgate.net/publication/265218010_Loving_and_the_Legacy_of_Unintended_Consequences.

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