Loving V Virginia Bill of Rights Inst
Loving V Virginia Bill of Rights Inst
Loving V Virginia Bill of Rights Inst
Activity
Mildred Jeter and her new husband, Richard Loving, returned to their
home in Caroline County, Virginia. The newlyweds had recently taken
their vows in nearby Washington, D.C. and were happy to begin their
new life together as married couple. But there was a big obstacle to
their marital bliss. The year was 1958, and Virginia was one of sixteen
states that prohibited and punished interracial marriages. Mildred was
African American and her husband Richard was Caucasian. Four
months into their married life they were indicted by a grand jury.
The following January, the Lovings pleaded guilty to the charge and
were sentenced to one year in jail. The trial judge agreed to suspend
the sentence if the Lovings would leave the state for twenty-five years.
The judge told Mr. and Mrs. Loving: Almighty God created the races
and he placed them on separate continents. The fact he separated
the races shows that He did not intend for the races to mix.
The Lovings moved to Washington, D.C. and appealed their conviction
on the grounds that Virginia law, The Racial Integrity Law of 1924,
violated their rights to equal protection of the law and due process
under the Fourteenth Amendment.
The Supreme Court ruled unanimously to overturn their conviction and
strike down the Virginia law. 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. The Court also found that the Virginia law deprived the
Lovings of liberty without due process of law. The freedom to marry
has long been recognized as one of the vital personal rights essential
to the orderly pursuit of happiness by free men. To deny this
fundamental freedom on so unsupportable a basis as the racial
classifications is surely to deprive all the States citizens of liberty
without due process of law.
Questions
1
Why did the Supreme Court find the Virginias Racial Integrity Act of
1924 unconstitutional?
not marry, a person of another race resides with the individual and
cannot be infringed by the State. How does the Loving v. Virginia
decision support freedom of conscience?
4
What relevance (if any) might Loving v. Virginia have to the current
debate about gay marriage?