Loving v. Virginia

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Loving v. Virginia
Supreme Court of the United States
Argued April 10, 1967 Decided June 12, 1967
Full case name: Richard Perry Loving, Mildred Jeter Loving v. Virginia Citations: 388 U.S. 1; 87 S. Ct. 1817; 18 L. Ed. 2d 1010; 1967 U.S. LEXIS 1082 Prior history: Defendants convicted, Caroline County Circuit Court (Jan. 6, 1959); motion to vacate judgment denied, Caroline County Circuit Court (Jan. 22, 1959); affirmed in part, reversed and remanded, 147 S.E.2d 78 (Va. 1966)
Holding
The Court declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby ending all race-based legal restriction on marriage in the United States.
Court membership
Chief Justice: Earl Warren Associate Justices: Hugo Black, William O. Douglas, Tom C. Clark, John Marshall Harlan II, William J. Brennan, Potter Stewart, Byron White, Abe Fortas
Case opinions
Majority by: Warren Joined by: unanimous Concurrence by: Stewart
Laws applied
U.S. Const. amend. XIV; Va. Code §§ 20-58, 20-59

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights case in which the United States Supreme Court declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby ending all race-based legal restrictions on marriage in the United States.

Contents 1 Facts 2 Decision 3 Future implications 4 Movie 5 External links

[edit] Facts

The plaintiffs, Mildred Jeter (a black woman) and Richard Perry Loving (a white man), were residents of the Commonwealth of Virginia who had been married in June of 1958 in the District of Columbia, having left Virginia to evade a state law banning marriages between any white person and a non-white person. Upon their return to Virginia, they were charged with violation of the ban, pleaded guilty, and were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case, Leon Bazile, echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, proclaimed that

Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.

The Lovings moved to the District of Columbia, and in 1963 began a series of lawsuits seeking to overcome their conviction on Fourteenth Amendment grounds, ultimately reaching the Supreme Court.

[edit] Decision

The Supreme Court readily overturned the convictions in a unanimous decision, dismissing the Commonwealth of Virginia's argument that a law forbidding both white and black persons from marrying persons of another race, and providing identical penalties to white and black violators, could not be construed as racially discriminatory. In its decision, the court wrote

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

Despite this ruling, such laws rested unenforced in several states until 2000 when Alabama became the last state to remove its law against mixed-race marriage.

[edit] Future implications

Some believe that the Loving ruling will eventually aid the marriage equality movement for same-sex partnerships, if they allow the Equal Protection Clause to be used.^{[citation needed]} Opponents of this argue that this case was still between a man and a woman, and thus is not a viable argument for same-sex marriage.

[edit] Movie

The story of the Lovings was turned into a movie in 1996 titled Mr. & Mrs. Loving, starring Lela Rochon, Timothy Hutton, and Ruby Dee. The screenplay was written and directed by Richard Friedenberg.

[edit] External links

• Loving et ux. v. Virginia (UMKC School of Law)
• Resources at Oyez including complete audio of the oral arguments.
• Loving Day: June 12—commemorating legalization of interracial couples]
• Mr. & Mrs. Loving at the Internet Movie Database