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Loving v. Virginia

United States Supreme Court case concerning interracial marriage in 1967

Madeline Kobold

on 10 December 2012

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Transcript of Loving v. Virginia

By, Madeline Kobold Loving v. Virginia, 1967 Loving v. Virginia 1967- Interracial Marriage Background In 1958, two residents of Virginia, Richard Loving, a white man, and Mildred Jeter, a black woman, were married in the District of Columbia. When the Lovings returned to Virginia shortly after, their marriage was not only not recognized, but they were charged with violating the state's antimiscegenation statue that banned inter-racial marriage. They were then either sentenced to a year in jail, or they had the option of leaving Virginia and not returning for 25 years. The Supreme Court chose to take this case because many people thought Virginia's antimiscegenation statue violated the Equal Protection Clause of the 14th Amendment. Majority, Concurring, and Dissenting Opinion The concurring opinion for the court case of Loving v. Virginia was that it did in fact violate the Fourteenth Amendment, protecting equal rights. In a unanimous decision, the Court ruled the jurisdiction unconstitutional. The Court also held that the Virginia law violated the Due Process Clause of the Fourteenth Amendment. Chief Justice Earl Warren said that under the Constitution, the freedom to marry or not marry a person of another race is the individuals choice, and cannot be infringed by the State. So in the end, there was nine votes for Loving, and zero for Virginia. Constitutional Issues The major constitutional issue discussed in the case of Loving v. Virginia was the fact that it violated the Equal Protection Clause of the Fourteenth Amendment, which was implemented on July 9, 1868 as one of the Reconstruction Amendments. It's the Equal Protection Clause that requires each state to provide equal protection under the law to all of the people within its jurisdiction. This also relates to the Fifth Amendment as a component of due process. By punishing the Lovings for being married, Virginia was not providing equal protection under their state jurisdiction. Significance of Loving v. Virginia After this Supreme Court case, it helped prove to the States that the Fourteenth Amendment is something to be taken seriously, and that interracial relationships can no long be ignored or punished. This case helped open the doors for others in similar situations to Mildred Jeter and Richard Loving. After the ruling, there was a drastic increase in interracial marriages, and some believe that even in this day and age, the Loving v. Virginia case could help open the doors to same-sex marriages. 338 U.S. 1 By, Madeline Kobold My Opinion In my opinion, this court case was monumental for African American rights, as well as interracial relationships. I completely agree with the ruling of the Supreme Court, and I fully believe that Virginia was in the wrong with their actions towards the Lovings. By the court ruling Virginia guilty, it helped enforce the Equal Protection Clause of the Fourteenth Amendment
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