John Marshall Harlan II,
McLaughlin v. Florida — Concurrence Harlan
(1964)
“ If the legitimacy of the cohabitation statute is considered to depend upon its being ancillary to the antimarriage statute, the former must be deemed 'unnecessary' under the principle established by the cited cases in light of the nondiscriminatory extramarital relations statutes. If, however, the interracial cohabitation statute is considered to rest upon a discrete state interest, existing independently of the antimarriage law, it falls of its own weight. ”
