On November 6,they filed a motion in the state trial court to vacate the judgment and set aside the sentence on the ground that the statutes which they had violated were repugnant to the Fourteenth Amendment.
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. On January 22,the state trial judge denied the motion to vacate the sentences, and the Lovings perfected an appeal to the Supreme Court of Appeals of Virginia.
Cohenconveyed the message he had been given by Richard Loving: Instead, the State argues that the meaning of the Equal Protection Clause, as illuminated by the statements of the Framers, is only that state penal laws containing an interracial element Page U. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations.
During oral argument, the eventual author of the majority opinion, Justice Anthony Kennedynoted that the ruling holding racial segregation unconstitutional and the ruling holding bans on interracial marriage unconstitutional Brown v.
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 Supreme Court of Appeals upheld the constitutionality of the anti-miscegenation statutes and, after [p4] modifying the sentence, affirmed the convictions.
Using that standard, both courts struck down state bans on same-sex marriage. Board of Education, U. Using that standard, both courts struck down state bans on same-sex marriage. The two statutes under which appellants were convicted and sentenced are part of a comprehensive statutory scheme aimed at prohibiting and punishing interracial marriages.
See also Strauder [p10] v. In Naim, the state court concluded that the State's legitimate purposes were "to preserve the racial integrity of its citizens," and to prevent "the corruption of blood," "a mongrel breed of citizens," and "the obliteration of racial pride," obviously an endorsement of the doctrine of White Supremacy.
On November 6,they filed a motion in the state trial court to vacate the judgment and set aside the sentence on the ground that the statutes which they had violated were repugnant to the Fourteenth Amendment. Based on an anonymous tip,  local police raided their home in the early morning hours of July 11, hoping to find them having sex, given that interracial sex was then also illegal in Virginia.
There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. This case presents a constitutional question never addressed by this Court: Button, Attorney General, and Kenneth C.
And but for the interference with his arrangement there would be no cause for such marriages. Cohen and Philip J. The statutes proscribe generally accepted conduct if engaged in by members of different races. In Georgia, for instance, the number of interracial marriages increased from 21 in to in Shortly after their marriage, the Lovings returned to Virginia and established their marital abode in Caroline County.
New York, U.Citation. U.S. 1, 87 S. Ct.18 L. Ed. 2dU.S. Brief Fact Summary. The state of Virginia enacted laws making it a felony for a white person to intermarry with a. Title U.S. Reports: Loving v. Virginia, U.S. 1 (). Contributor Names Warren, Earl (Judge) Supreme Court of the United States (Author).
At the October Term,of the Circuit Court [ U.S. 1, 3] of Caroline County, a grand jury issued an indictment charging the Lovings with violating Virginia's ban on interracial marriages. On January 6,the Lovings pleaded guilty to the charge and were sentenced to one year in jail; however, the trial judge suspended the sentence.
The Supreme Court of Appeals upheld the constitutionality of the antimiscegenation statutes and, after [ U.S. 1, 4] modifying the sentence, affirmed the convictions.2 The Lovings appealed this decision, and we noted probable jurisdiction on December 12,U.S.
Like 16 other Southern states, Virginia enforced a law that banned marriage between whites and African-Americans. Richard and Mildred Loving, a white man and an African-American woman, married in Washington, D.C. to avoid the application of Virginia's anti-miscegenation law, known as the Racial Integrity Act of A unanimous Court struck down state laws banning marriage between individuals of different races, holding that these anti-miscegenation statutes violated both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment.Download