David Upham - Research Insights

David Upham, Constantin College

David Upham"Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause."

In the Author's Words
Among jurists, there is a widespread belief that the authors of the Fourteenth Amendment did not expect it would adversely affect “anti-miscegenation” (or racial-endogamy) laws. To cite perhaps the most prominent example, the Supreme Court in Planned Parenthood v. Casey relied chiefly on this conclusion to resist the “tempting” view that the Fourteenth Amendment should be interpreted consistent with its original understanding:

“Marriage is mentioned nowhere in the Bill of Rights and interracial marriage was illegal in most States in the 19th century, but the Court was no doubt correct in finding it to be an aspect of liberty protected against state interference by the substantive component of the Due Process Clause in Loving v. Virginia, 388 U. S. 1, 12 (1967).”

This study challenges this conclusion by considering substantial historical evidence, much of which has not been addressed by contemporary legal scholars. This study proves, by a strong preponderance of the evidence, that the Fourteenth Amendment, as understood by the officials that proposed, ratified, and initially interpreted it, precluded the making or enforcing of racial-endogamy laws, insofar as such laws prohibited or invalidated interracial marriages between citizens of the United States.

David R. Upham. "Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause." 42 Hastings Const'l L. Q. 213 (2015).

Faculty Profile: David Upham


Politics Major Empowers Youth, Shares Story Through Theater

Although she herself is not able to vote, Liz Magallanes, BA '18, works to make voting possible for other people. She first got involved with the organization Mi Familia Vota in 2014 and has been contributing to their endeavors ever since, including working with high school students in Dallas ISD. Additionally, she recently had a role in the play "Deferred Action."

+ Read More

Transfer Students (Re)discover Home at UD

Once friends at John Paul II High School in Plano, Texas, Stephanie Lobo, BA ’18, and Rebecca Luna, BA ’19, can both remember the moments they set their horizons on transferring to the University of Dallas. Though their paths diverged briefly following high school, their friendship is now reunited on our university’s Irving campus.

+ Read More