Loving v Virginia (1967) - Interracial Marriage It should also be pointed out that in the case of Loving v Virginia (1967), SCOTUS upheld marriage as a Constitutional right that was to be free from governmental interference. Now, before there are howls, yes, the issue in Loving was race. However, genetics is not the test for whether a group is a suspect class. (http://en.wikipedia.org/wiki/Suspect_class)