Loving v. Virginia (IMPACTS GAY MARRIAGE LAW

 

Perhaps not,  but guess who is?

From Wikipedia, the free encyclopedia

Loving v. Virginia, 388 U.S. 1 (1967),^[1] was a landmark civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.

Background

The plaintiffs, Mildred Loving (née Mildred Delores Jeter, a woman of African and Rappahannock Native American descent, July 22, 1939 – May 2, 2008)^[2][3][4] and Richard Perry Loving (a white man, October 29, 1933 – June 1975),^[5] were residents of the Commonwealth of Virginia who had been married in June 1958 in the District of Columbia, having left Virginia to evade the Racial Integrity Act, a state law banning marriages between any white person and any non-white person. Upon their return to Caroline County, Virginia, they were charged with violation of the ban. They were found sleeping in their bed by a group of police officers who had invaded their home in the hopes of finding them in the act of sex (another crime). In their defense, Mrs. Loving had pointed to a marriage certificate on the wall in their bedroom; rather than defending them, it became the evidence the police needed for a criminal charge, because it proved they had been married in another state. Specifically, they were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified miscegenation as a felony, punishable by a prison sentence of between one and five years. On January 6, 1959, the Lovings pled 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 M. 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 on November 6, 1963, the American Civil Liberties Union filed a motion on their behalf in the state trial court to vacate the judgment and set aside the sentence on the grounds that the violated statutes ran counter to the Fourteenth Amendment. This set in motion a series of lawsuits which ultimately reached the Supreme Court. On October 28, 1964, after their motion still had not been decided, the Lovings began a class action suit in the U.S District Court for the Eastern District of Virginia. On January 22, 1965, the three-judge district court decided to allow the Lovings to present their constitutional claims to the Virginia Supreme Court of Appeals. Virginia Supreme Court Justice Harry L. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes and, after modifying the sentence, affirmed the criminal convictions.
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