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Loving v. Virginia

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by

Jordan Spasic

on 27 September 2016

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Transcript of Loving v. Virginia

Constitutional Controversy:


"Whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classfications violates the
Equal Protection
and
Due Process clause
of the
14th Amendment"

Virginia's Court:
"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"
Section 20-59:
"Punishment for marriage is a felony and up to five years in confinement"
Leon M. Bazile
Supreme Court
The Court held, "There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause"
History
Virginia's anti- miscegenation laws banned interracial marriage between Americans (Whites) and African Americans (Blacks).
State's legitimate purposes were, "To protect the racial integrity of its citizens", and to prevent the "
corruption of blood
," "
a mongrel breed of citizens
"
By: Jordan Spasic
5 Years Later
IMPACT
Invalidated all other states anti-miscegenation laws in the United States (16 states)
Bolstered the same sex marriage equality movement
Mildred Jeter and Richard Loving
Married June, 1958, in the District of Columbia
Resided in Caroline County
In 1967, 16 out of 50 states had laws banning interracial marriage, only
49 years ago
.
Virginia's laws dated back to the Racial Integrity Act of 1924- absolute prohibition racial intermarriage.
Statute 20-58:
"Leaving state to evade law"
Virginia Court
Loving's were sentenced to 1 year in jail
Trial Judge suspended sentence for 25 years
Attorney General Robert F. Kennedy
American Civil Liberties Union
"The freedom to marry or not to marry, a person of another race resides with the individual, and cannot be infringed by the state"
Classified the right to marriage as a right, that can not be inferred upon by the state. (civil liberties)
Article 16 of UDHR- Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
Court found, the Virginian law had no legitimate purpose "independent of invidious racial discrimination"
Milestone in the fight against racial inequality
Full transcript