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Loving v. Virginia
Argued April 10, 1967
Decided June 12, 1967
Full case nameRichard Perry Loving, Mildred Jeter Loving v. Virginia
Citations388 U.S.1 (more)
87 S. Ct. 1817; 18 L. Ed. 2d 1010; 1967 U.S. LEXIS 1082
ArgumentOral argument
Case history
PriorDefendants convicted, Caroline County Circuit Court (January 6, 1959); motion to vacate judgment denied, Caroline County Circuit Court (January 22, 1959); affirmed in part, reversed and remanded, 147 S.E.2d 78 (Va. 1966); cert. granted, 385U.S. 986 (1966).
Holding
Bans on interracial marriage violate the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment to the United States Constitution.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black·William O. Douglas
Tom C. Clark·John M. Harlan II
William J. Brennan Jr.·Potter Stewart
Byron White·Abe Fortas
Case opinions
MajorityWarren, joined by unanimous
ConcurrenceStewart
Laws applied
U.S. Const. amend. XIV; Va. Code §§ 20–58, 20–59
Pace v. Alabama (1883)

Loving v. Virginia, 388 U.S. 1 (1967),[1] was a landmark decision of the U.S. Supreme Court which struck down all state laws banning interracial marriage as violations of the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.[2] The case was brought by Mildred Loving (née Jeter), a woman of color,[note 1] and Richard Loving, a white man, who had been sentenced to a year in prison in Virginia for marrying each other. Their marriage violated Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as 'white' and people classified as 'colored'.

The Lovings appealed their conviction to the Supreme Court of Virginia, which upheld it. They then appealed to the U.S. Supreme Court, which agreed to hear their case. On June 12, 1967, the Court issued a unanimous decision in their favor and overturned their convictions. The Court struck down Virginia's anti-miscegenation law, thereby overruling the 1883 case Pace v. Alabama and ending all race-based legal restrictions on marriage in the United States. Virginia had argued that its law was not a violation of the Equal Protection Clause because the punishment was the same regardless of the offender's race, and thus it 'equally burdened' both whites and non-whites.[3] The Court found that the law nonetheless violated the Equal Protection Clause because it was based solely on 'distinctions drawn according to race' and outlawed conduct—namely, getting married—that was otherwise generally accepted and which citizens were free to do.[3] Additionally, the Court ruled that the freedom to marry was a constitutionally protected fundamental liberty, and therefore the government's deprivation of it on an arbitrary basis such as race was violation of the Due Process Clause.

The decision was followed by an increase in interracial marriages in the U.S. and is remembered annually on Loving Day. It has been the subject of several songs and three movies, including the 2016 film Loving. Beginning in 2013, it was cited as precedent in U.S. federal court decisions holding restrictions on same-sex marriage in the United States unconstitutional, including in the 2015 Supreme Court decision Obergefell v. Hodges.[4]

  • 1Background
  • 2Criminal proceedings
  • 5Analysis
  • 6Effects
  • 9External links

Background[edit]

Anti-miscegenation laws in the United States[edit]

Anti-miscegenation laws in the United States had been in place in certain states since colonial days. Marriage to a slave was never legal.[citation needed] In the Reconstruction Era in 1865, the Black Codes across the seven states of the lower South made intermarriage illegal. The new Republican legislatures in six states repealed the restrictive laws. After the Democrats returned to power, the restriction was reimposed.[5]

A major concern was how to draw the line between black and white in a society in which white men had many children with black slave women.[citation needed] On the one hand, a person's reputation as black or white was usually decisive in practical matters. On the other hand, most laws used a 'one drop of blood' rule, which meant that one black ancestor made a person black in the view of the law.[6]

In 1967, 16 states, mainly Southern, still retained anti-miscegenation laws.[7]

Plaintiffs[edit]

Mildred and Richard Loving in 1967

Mildred Delores Loving (née Jeter; July 22, 1939 – May 2, 2008) was the daughter of Musial (Byrd) Jeter and Theoliver Jeter.[8] Mildred's racial identity has been a point of confusion. She has been noted as self-identifying as Indian-Rappahannock,[9] but was also reported as being of Cherokee, Portuguese, and African American ancestry.[10][11] During the trial, it seemed clear that she identified herself as black, especially as far as her own lawyer was concerned. However, upon her arrest, the police report identifies her as 'Indian'. She said in a 2004 interview, 'I have no black ancestry. I am Indian-Rappahannock.' A possible contributing factor is that it was seen at the time of her arrest as advantageous to be 'anything but black'. There was an ingrained history in the state of the denial of African ancestry.[9] Additionally, the frequent racial mixing of Central Point, where she lived, could have contributed to this fluid racial identity.[12] Mildred was known as a quiet and humble woman.[13] She was born and raised in the same rural Virginia community as her husband, Richard.[14]

Richard Perry Loving (October 29, 1933 – June 29, 1975) was a white man, and the son of Lola (Allen) Loving and Twillie Loving. He was a construction worker. The 1830 census marks Lewis Loving, Richard's paternal ancestor, as having owned seven slaves. Richard's grandfather, T.P. Farmer, fought for the Confederacy in the Civil War.[15]

Their families both lived in Caroline County, Virginia. The county adhered to strict Jim Crow segregation laws but Central Point had been a visible mixed-race community since the 19th century.[12] Richard's father worked for one of the wealthiest black men in the county for 25 years. Richard's closest companions were black, including those he drag-raced with and Mildred's older brothers. The couple met in high school and fell in love. Richard moved into the Jeter household when Mildred became pregnant.[citation needed]

After the Supreme Court case, the couple moved back to Central Point, where Richard built them a house. The couple had three children: Donald, Peggy, and Sidney.[16] Richard Loving died aged 41 in 1975, when a drunk driver struck his car in Caroline County, Virginia.[17] Mildred Loving lost her right eye in the same accident. She died of pneumonia on May 2, 2008, in her home in Central Point, aged 68.[18]

Criminal proceedings[edit]

At the age of 18, Mildred became pregnant. In June 1958, the couple traveled to Washington, D.C. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.[19] They returned to the small town of Central Point, Virginia. Based on an anonymous tip,[20] local police raided their home in the early morning hours of July 11, 1958,[21] hoping to find them having sex, given that interracial sex was then also illegal in Virginia. When the officers found the Lovings sleeping in their bed, Mildred pointed out their marriage certificate on the bedroom wall. They were told the certificate was not valid in Virginia.

The Lovings 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 to 'cohabiting as man and wife, against the peace and dignity of the Commonwealth'. They were sentenced to one year in prison, with the sentence suspended on condition that the couple leave Virginia and not return together for at least 25 years. After their conviction, the couple moved to the District of Columbia.[22]

Appellate proceedings[edit]

In 1964, frustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney GeneralRobert F. Kennedy.[23] Kennedy referred her to the American Civil Liberties Union (ACLU).[20] The ACLU assigned volunteer cooperating attorneys Bernard S. Cohen and Philip J. Hirschkop, who filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment's Equal Protection Clause.

On October 28, 1964, after waiting almost a year for a response to their motion, the ACLU attorneys brought a class action suit in the U.S. District Court for the Eastern District of Virginia. This prompted the county court judge in the case, Leon M. Bazile (1890–1967), to issue a ruling on the long-pending motion to vacate. Echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, Bazile wrote:

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.[24]

On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the 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. While he upheld their criminal convictions, he directed that their sentence be modified.[25] Carrico cited as authority the Virginia Supreme Court's decision in Naim v. Naim (1955) and argued that the Lovings' case was not a violation of the Equal Protection Clause because both the white and the non-white spouse were punished equally for the crime of miscegenation, an argument similar to that made by the United States Supreme Court in 1883 in Pace v. Alabama.[26] However, the court did find the Lovings' sentences to be unconstitutionally vague, struck them down, and ordered them resentenced in the Caroline County Circuit Court.

The Lovings, still supported by the ACLU, appealed the decision to the United States Supreme Court, where Virginia was represented by Robert McIlwaine of the state's attorney general's office. The Lovings did not attend the oral arguments in Washington,[27] but one of their lawyers, Bernard S. Cohen, conveyed the message he had been given by Richard Loving: 'Mr. Cohen, tell the Court I love my wife, and it is just unfair that I can't live with her in Virginia.'[28]

Precedents[edit]

Date range U.S. states repealed anti-miscegenation laws:
No laws passed
1948 to 1967

Before Loving v. Virginia, there had been several cases on the subject of interracial sexual relations. Within the state of Virginia, on Oct. 3, 1878, in Kinney v. The Commonwealth, the Supreme Court of Virginia ruled that the marriage legalized in Washington, D.C. between Andrew Kinney, a black man, and Mahala Miller, a white woman, was 'invalid' in Virginia.[29] In the national case of Pace v. Alabama (1883), the Supreme Court of the United States ruled that the conviction of an Alabama couple for interracial sex, affirmed on appeal by the Alabama Supreme Court, did not violate the Fourteenth Amendment.[30] Interracial marital sex was deemed a felony, whereas extramarital sex ('adultery or fornication') was only a misdemeanor. On appeal, the United States Supreme Court ruled that the criminalization of interracial sex was not a violation of the equal protection clause because whites and non-whites were punished in equal measure for the offense of engaging in interracial sex. The court did not need to affirm the constitutionality of the ban on interracial marriage that was also part of Alabama's anti-miscegenation law, since the plaintiff, Mr. Pace, had chosen not to appeal that section of the law. After Pace v. Alabama, the constitutionality of anti-miscegenation laws banning marriage and sex between whites and non-whites remained unchallenged until the 1920s.

In Kirby v. Kirby (1921), Mr. Kirby asked the state of Arizona for an annulment of his marriage. He charged that his marriage was invalid because his wife was of 'negro' descent, thus violating the state's anti-miscegenation law. The Arizona Supreme Court judged Mrs. Kirby's race by observing her physical characteristics and determined that she was of mixed race, therefore granting Mr. Kirby's annulment.[31]

In the Monks case (Estate of Monks, 4. Civ. 2835, Records of California Court of Appeals, Fourth district), the Superior Court of San Diego County in 1939 decided to invalidate the marriage of Marie Antoinette and Allan Monks because she was deemed to have 'one eighth negro blood'. The court case involved a legal challenge over the conflicting wills that had been left by the late Allan Monks; an old one in favor of a friend named Ida Lee, and a newer one in favor of his wife. Lee's lawyers charged that the marriage of the Monkses, which had taken place in Arizona, was invalid under Arizona state law because Marie Antoinette was 'a Negro' and Alan had been white. Despite conflicting testimony by various expert witnesses, the judge defined Mrs. Monks' race by relying on the anatomical 'expertise' of a surgeon. The judge ignored the arguments of an anthropologist and a biologist that it was impossible to tell a person's race from physical characteristics.[32]

Monks then challenged the Arizona anti-miscegenation law itself, taking her case to the California Court of Appeals, Fourth District. Monks' lawyers pointed out that the anti-miscegenation law effectively prohibited Monks as a mixed-race person from marrying anyone: 'As such, she is prohibited from marrying a negro or any descendant of a negro, a Mongolian or an Indian, a Malay or a Hindu, or any descendants of any of them. Likewise ... as a descendant of a negro she is prohibited from marrying a Caucasian or a descendant of a Caucasian. ...' The Arizona anti-miscegenation statute thus prohibited Monks from contracting a valid marriage in Arizona, and was therefore an unconstitutional constraint on her liberty. However, the court dismissed this argument as inapplicable, because the case presented involved not two mixed-race spouses but a mixed-race and a white spouse: 'Under the facts presented the appellant does not have the benefit of assailing the validity of the statute.'[33] Dismissing Monks' appeal in 1942, the United States Supreme Court refused to reopen the issue.

The turning point came with Perez v. Sharp (1948), also known as Perez v. Lippold. In Perez, the Supreme Court of California recognized that bans on interracial marriage violated the Fourteenth Amendment of the Federal Constitution.

Decision[edit]

On June 12, 1967, the Supreme Court issued a unanimous 9–0 decision that overturned the Lovings' Virginia criminal convictions and struck down anti-miscegenation laws that forbade marriage between people of different races. The Court's opinion was written by Chief JusticeEarl Warren, and all the justices joined it.[note 2]

Virginia had argued that the anti-miscegenation clause in its Racial Integrity Act did not violate the Equal Protection Clause of the Fourteenth Amendment because the punishment for violating the statute was the same regardless of the offender's race—that is, a white person who married a black person received the same punishment as black person who married a white person—and therefore it 'equally burdened' both whites and non-whites. The Court had upheld this 'equal burden' argument 84 years earlier in the 1883 case Pace v. Alabama, but in Loving it rejected it and overruled Pace, stating: 'We reject the notion that the mere 'equal application' of a statute concerning racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations.'[34] The Court ruled that because the races of the people involved were the only factors determining whether or not they broke the law, the law was therefore a violation of the Equal Protection Clause:[35]

There can be no question but that Virginia's miscegenation statutes rest solely upon distinctions drawn according to race. The statutes proscribe generally accepted conduct if engaged in by members of different races. ... 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.

— Loving, 388 U.S. at 11–12.[3]

After holding that Virginia's anti-miscegenation law violated theEqual Protection Clause, the Court concluded its opinion with a short section holding that it also violated the Fourteenth Amendment's Due Process Clause, because it deprived its people of a constitutionally protected right without due process of law.[36] It held that the freedom to marry is a fundamental right, and therefore that depriving Americans of this liberty on an arbitrary basis such as race was unconstitutional:[37]

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. Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law.

— Loving, 388 U.S. at 12 (case citations omitted).[37]

Analysis[edit]

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Originalism and Loving[edit]

Originalists such as R. Carter Pittman,[38]Alfred Avins,[39] and Raoul Berger (in his book Government by Judiciary)[40] argued that the authors of the 14th Amendment did not intend to nullify anti-miscegenation laws. Some judges and several U.S. Supreme Court justices in the 1992 Planned Parenthood v. Casey case have used Loving as an argument against originalism.[41] Meanwhile, David Upham argues that the original understanding of the 14th Amendment among many people in 1868 and the years right after 1868 was that it indeed nullified anti-miscegenation laws (albeit through the Privileges or Immunities Clause rather than through the Due Process and Equal Protection clauses of the 14th Amendment) and that the 14th Amendment was wrongly interpreted in regards to this for almost a century before Loving.[41] Upham argues that before the U.S. Supreme Court made its ruling in the Slaughterhouse Cases in 1873, virtually every Republican official and judge who was confronted with this issue concluded that the 14th Amendment nullified anti-miscegenation laws, and that it was the Slaughter-House Cases that gutted the 14th Amendment's Privileges or Immunities Clause and thus made it much harder to argue that anti-miscegenation laws are unconstitutional.[41] Upham also argues that, in 1873, anti-miscegenation laws were not in force throughout most of the United States either due to their repeal, due to their lack of enforcement (due to a belief by some US state officials that these laws have been nullified by the 14th Amendment), or due to these laws being judicially nullified (such as by the 1872 Alabama Supreme Court ruling in the case Burns v. State).[41]

While praising Upham's work and research, George Mason University Law SchoolprofessorIlya Somin questioned whether the general public (as opposed to Republican political and judicialelites) widely understood the 14th Amendment to nullify anti-miscegenation laws.[42] Somin argues that it's possible that opposition to the 14th Amendment would have been much stronger had the 14th Amendment been widely understood to nullify anti-miscegenation laws--possibly up to the point of preventing the 14th Amendment from being ratified due to a lack of sufficient support.[42]

Effects[edit]

For interracial marriage[edit]

Despite the Supreme Court's decision, anti-miscegenation laws remained on the books in several states, although the decision had made them unenforceable. Local judges in Alabama continued to enforce that state's anti-miscegenation statute until the Nixon administration obtained a ruling from a U.S. District Court in United States v. Brittain in 1970.[43][44] In 2000, Alabama became the last state to adapt its laws to the Supreme Court's decision, when 60% of voters endorsed a ballot initiative that removed anti-miscegenation language from the state constitution.[45]

After Loving v. Virginia, the number of interracial marriages continued to increase across the United States[46] and in the South. In Georgia, for instance, the number of interracial marriages increased from 21 in 1967 to 115 in 1970.[47] At the national level, 0.4% of marriages were interracial in 1960, 2.0% in 1980,[48] 12% in 2013,[49] and 16% in 2015, almost 50 years after Loving.[50]

For same-sex marriage[edit]

Loving v. Virginia was discussed in the context of the public debate about same-sex marriage in the United States.[51]

In Hernandez v. Robles (2006), the majority opinion of the New York Court of Appeals—that state's highest court—declined to rely on the Loving case when deciding whether a right to same-sex marriage existed, holding that 'the historical background of Loving is different from the history underlying this case.'[52] In the 2010 federal district court decision in Perry v. Schwarzenegger, overturning California's Proposition 8 which restricted marriage to opposite-sex couples, Judge Vaughn R. Walker cited Loving v. Virginia to conclude that 'the [constitutional] right to marry protects an individual's choice of marital partner regardless of gender'.[53] On narrower grounds, the 9th Circuit Court of Appeals affirmed.[54][55]

In June 2007, on the 40th anniversary of the Supreme Court's decision in Loving, Mildred Loving issued the following statement:

My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God's plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation's fears and prejudices have given way, and today's young people realize that if someone loves someone they have a right to marry.

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Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the 'wrong kind of person' for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights.

I am still not a political person, but I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about.[56][57][58]

Up until 2014, five U.S. Courts of Appeals considered the constitutionality of state bans on same-sex marriage. In doing so they interpreted or used the Loving ruling differently:

  • The Fourth and Tenth Circuits used Loving along with other cases like Zablocki v. Redhail[59] and Turner v. Safley[60] to demonstrate that the U.S. Supreme Court has recognized a 'fundamental right to marry' that a state can not restrict unless it meets the court's 'heightened scrutiny' standard. Using that standard, both courts struck down state bans on same-sex marriage.[61][62]
  • Two other courts of appeals, the Seventh and Ninth Circuits, struck down state bans on the basis of a different line of argument. Instead of 'fundamental rights' analysis, they reviewed bans on same-sex marriage as discrimination on the basis of sexual orientation. The former cited Loving to demonstrate that the Supreme Court did not accept tradition as a justification for limiting access to marriage.[63] The latter cited Loving as quoted in United States v. Windsor on the question of federalism: 'state laws defining or regulating marriage, of course, must respect the constitutional rights of persons'.[64]
  • The only Court of Appeals to uphold state bans on same-sex marriage, the Sixth Circuit, said that when the Loving decision discussed marriage it was referring only to marriage between persons of the opposite sex.[65]

In Obergefell v. Hodges (2015), which decided the issue, the Supreme Court invoked Loving, among other cases, as precedent for its holding that states are required to allow same-sex marriages under both the Equal Protection Clause and the Due Process Clause of the Constitution.[4] The court's decision in Obergefell cited Loving nearly a dozen times, and was based on the same principles – equality and an unenumerated right to marriage. During oral argument, the eventual author of the majority opinion, Justice Anthony Kennedy, noted that the ruling holding racial segregation unconstitutional and the ruling holding bans on interracial marriage unconstitutional (Brown v. Board of Education in 1954 and Loving v. Virginia in 1967, respectively), were made about 13 years apart, much like the ruling holding bans on same-sex sexual activity unconstitutional and the eventual ruling holding bans on same-sex marriage unconstitutional (Lawrence v. Texas in 2003 and Obergefell v. Hodges in 2015, respectively).[66]

Remembrance and representation in popular culture[edit]

Graves of the Lovings in the St. Stephen's Baptist Church cemetery, Central Point

In the United States, June 12, the date of the decision, has become known as Loving Day, an annual unofficial celebration of interracial marriages. In 2014, Mildred Loving was honored as one of the Library of Virginia's 'Virginia Women in History'.[67] In 2017, the Virginia Department of Historic Resources dedicated a state historical marker, which tells the story of the Lovings, outside the Patrick Henry Building in Richmond – the former site of the Virginia Supreme Court of Appeals.[68]

The story of the Lovings became the basis of several films:

  • The first, Mr. and Mrs. Loving (1996), was written and directed by Richard Friedenberg and starred Lela Rochon, Timothy Hutton, and Ruby Dee.[69] According to Mildred Loving, 'not much of it was very true. The only part of it right was I had three children.'[70][71]
  • The second film, Nancy Buirski's documentary The Loving Story, premiered on HBO in February 2012[72][73] and won a Peabody Award that year.[74]
  • A third film, Loving, was released in 2016, directed by Jeff Nichols and starring Ruth Negga and Joel Edgerton as the Lovings. The film is based on Buirski's documentary. Negga received an Academy Award nomination for her performance.
  • A four-part film, The Loving Generation, premiered on Topic.com in February 2018. Directed and produced by Lacey Schwartz and Mehret Mandefro, it explores the lives of biracial children born after the Loving decision.[75][76][77]

In music, Nanci Griffith's 2009 album The Loving Kind is named for the Lovings and includes a song about them. Satirist Roy Zimmerman's 2009 song The Summer of Loving[78] is about the Lovings and their 1967 case, making reference to the hippies' 'Summer of Love' of that same year.

A 2015 novel by the French journalist Gilles Biassette, L'amour des Loving ('The Love of the Lovings', ISBN978-2917559598), recounts the life of the Lovings and their case.[79] A photo-essay about the couple by Grey Villet, created just before the case, was republished in 2017.[80]

References[edit]

Informational notes

  1. ^Mildred Loving's precise racial background remains unclear. Most sources describe her as black, but she often stated she was Native American. See the 'Plaintiffs' section for details.
  2. ^The decision also includes a very short concurring opinion—only two sentences long—written by Justice Potter Stewart that is rarely discussed.

Citations

  1. ^Loving v. Virginia, 388U.S.1 (1967)
  2. ^Nowak & Rotunda (2012), § 18.28(a), pp. 80–81.
  3. ^ abcChemerinsky (2015), p. 729.
  4. ^ abObergefell v. Hodges, No. 14-556, 576U.S. ___ (2015)
  5. ^Wallenstein, Peter (16 Aug 2006). 'Reconstruction, Segregation, and Miscegenation: Interracial Marriage and the Law in the Lower South, 1865–1900'. American Nineteenth Century History. 6: 57–76. doi:10.1080/14664650500121827. On the eve of Congressional Reconstruction, all seven states of the Lower South had laws against interracial marriage. During the Republican interlude that began in 1867–68, six of the seven states (all but Georgia) suspended those laws, whether through judicial invalidation or legislative repeal. Yet by 1894 all six had restored such bans.
  6. ^Peter Wallenstein, 'Reconstruction, Segregation, and Miscegenation: Interracial Marriage and the Law in the Lower South, 1865–1900.' American Nineteenth Century History 6#1 (2005): 57–76.
  7. ^Loving, 388 U.S. at 6.
  8. ^Mildred Loving obituaryArchived 2016-10-27 at the Wayback Machine accessed 10/26/2016
  9. ^ ab'What You Didn't Know About Loving v. Virginia'. Time. Archived from the original on 2017-02-15. Retrieved 2017-02-22.
  10. ^Lawing, Charles B. 'Loving v. Virginia and the Hegemony of 'Race''(PDF). Archived from the original(PDF) on July 4, 2007. Retrieved December 10, 2017.
  11. ^Walker, Dionne (2007-06-10). 'Pioneer of interracial marriage looks back'. Associated Press. Retrieved 2015-04-27.
  12. ^ abStaples, Brent (2008-05-14). 'Opinion | Loving v. Virginia and the Secret History of Race'. The New York Times. ISSN0362-4331. Retrieved 2018-04-08.
  13. ^Rathbone, Mark (April 2009). 'Mildred Loving'. General OneFile: 32+.
  14. ^Lavender, Abraham (2014). 'Loving, Richard (1933–1975), and Mildred Loving (1939–2008)'. Culture Wars in America: An Encyclopedia of Issues, Viewpoints, and Voices, Edited by Roger Chapman and James Ciment, 2nd Ed.
  15. ^'The White and Black Worlds of 'Loving v. Virginia''. Time. Retrieved 2018-04-08.
  16. ^Douglas Martin (May 6, 2008). 'Mildred Loving, Who Battled Ban on Mixed-Race Marriage Dies at 68'. The New York Times. Archived from the original on July 1, 2017. Retrieved November 22, 2016. The Lovings' son Donald died in 2000. In addition to her daughter, Peggy Fortune, who lives in Milford, Va., Mrs. Loving is survived by her son, Sidney, of Tappahannock, Va.; eight grandchildren; and 11 great-grandchildren.
  17. ^'RICHARD P. LOVING; IN LAND MARK SUIT; Figure in High Court Ruling on Miscegenation Dies'. The New York Times. July 1, 1975. Archived from the original on April 26, 2014.
  18. ^'died: Mildred Jeter Loving (1939–2008)'. The Journal of Blacks in Higher Education. 60: 83. Summer 2008.
  19. ^'Racial Integrity Laws (1924–1930)'. www.encyclopediavirginia.org. Archived from the original on 2015-11-15. Retrieved 2015-11-04.
  20. ^ abMartin, Douglas. 'Mildred Loving, Who Battled Ban on Mixed-Race Marriage, Dies at 68'Archived 2016-12-01 at the Wayback Machine, New York Times, May 6, 2008.
  21. ^'Mildred Loving - Civil Rights Activist - Biography.com'. Biography.com. A&E Television Networks, LLC. Archived from the original on 2017-02-11. Retrieved 2017-02-20.
  22. ^Loving, 388 U.S. at 3 ('On January 6, 1959, the Lovings pleaded guilty to the charge and were sentenced to one year in jail; however, the trial judge suspended the sentence for a period of 25 years on the condition that the Lovings leave the State and not return to Virginia together for 25 years ... After their convictions, the Lovings took up residence in the District of Columbia.')
  23. ^'Mildred Loving, Key Figure in Civil Rights Era, Dies'Archived 2017-06-13 at the Wayback Machine, PBS Online News Hour, May 6, 2008
  24. ^'Opinion of Judge Bazile in Commonwealth v. Loving (January 22, 1965)'. www.encyclopediavirginia.org. Archived from the original on November 28, 2016. Retrieved 2016-11-27.
  25. ^'Loving v. Commonwealth (March 7, 1966)'. www.encyclopediavirginia.org. Archived from the original on September 10, 2015. Retrieved 2015-11-04.
  26. ^Loving v. Commonwealth, 206 Va. 924 (1966).
  27. ^Kate Sheppard, ''The Loving Story': How an Interracial Couple Changed a Nation'Archived 2017-02-20 at the Wayback Machine, Mother Jones, Feb 13, 2012.
  28. ^'Loving v. Virginia oral argument transcript'. Archived from the original on November 15, 2016. Retrieved November 27, 2016. Also quoted in Loving v. Virginia (1967)Archived 2012-12-14 at the Wayback Machine, Encyclopedia Virginia
  29. ^Brown, DeNeen (11 June 2017). 'Before Loving v. Virginia, another interracial couple fought in court for their marriage'. The Washington Post. Archived from the original on 11 June 2017. Retrieved 11 June 2017.
  30. ^Pace v. Alabama, 106U.S.583 (1883)
  31. ^Pascoe 1996, pp. 49–51
  32. ^Pascoe 1996, p. 56
  33. ^Pascoe 1996, p. 60
  34. ^Chemerinsky (2015), p. 729, quoting Loving, 388 U.S. at 8.
  35. ^Nowak & Rotunda (2012), § 18.28(a), pp. 80–81.
  36. ^Chemerinsky (2015), p. 832.
  37. ^ abChemerinsky (2015), pp. 832–33.
  38. ^https://scholarship.law.unc.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=2202&context=nclr
  39. ^Avins, Alfred (1966). 'Anti-Miscegenation Laws and the Fourteenth Amendment: The Original Intent'. Virginia Law Review. 52 (7): 1224–55. JSTOR1071448.
  40. ^'Government by Judiciary: The Transformation of the Fourteenth Amendment - Online Library of Liberty'. oll.libertyfund.org.
  41. ^ abcdUpham, David (1 October 2013). 'Interracial Marriage and the Original Understanding of the Privileges or Immunities Clause'. Hastings Constitutional Law Quarterly. Social Science Research Network. 42 (2015): 213. (Full text)
  42. ^ ab'Originalism and Interracial Marriage - Constitutional Law'. Conlaw.jotwell.com. 2014-08-13. Retrieved 2019-04-15.
  43. ^United States v. Brittain, 319 F. Supp. 1058 (N.D. Ala. 1970).
  44. ^Rosenthal, Jack (December 4, 1970). 'Government Seeks to Allow A Mixed Marriage in Alabama'(PDF). New York Times. Retrieved January 25, 2015.
  45. ^Sengupta, Somini (November 12, 2000). 'November 5–11; Marry at Will'. New York Times. Archived from the original on August 21, 2009. Retrieved May 27, 2009. The margin by which the measure passed was itself a statement. A clear majority, 60 percent, voted to remove the miscegenation statute from the state constitution, but 40 percent of Alabamans – nearly 526,000 people – voted to keep it.
  46. ^'Interracial marriage flourishes in U.S.' MSNBC. April 15, 2007. Archived from the original on December 13, 2012. Retrieved December 13, 2012.
  47. ^Aldridge, The Changing Nature of Interracial Marriage in Georgia: A Research Note, 1973
  48. ^'Table 1. Race of Wife by Race of Husband: 1960, 1970, 1980, 1991, and 1992'. census.gov. U.S. Bureau of the Census. 1994-07-05. Archived from the original on 2017-03-04. Retrieved 2017-02-20.
  49. ^'Interracial marriage: Who is 'marrying out'?'. Pew Research Center. 12 June 2015. Archived from the original on 12 August 2016. Retrieved 11 August 2016.
  50. ^'Intermarriage across the U.S. by metro area'. Pew Research Center's Social & Demographic Trends Project. 18 May 2017. Archived from the original on 6 June 2017. Retrieved 11 June 2017.
  51. ^Trei, Lisa (June 13, 2007). 'Loving v. Virginia provides roadmap for same-sex marriage advocates'. News.stanford.edu. Archived from the original on December 13, 2012. Retrieved December 13, 2012.
  52. ^Hernandez v. Robles, 855 N.E.3d 1 (N.Y. 2006).
  53. ^Perry v. Schwarzenegger, 704 F. Supp. 2d 921 (N.D. Cal. 2010).
  54. ^Nagoruney, Adam (February 7, 2012). 'Court Strikes Down Ban on Gay Marriage in California'. New York Times. Archived from the original on February 11, 2012. Retrieved February 8, 2012.
  55. ^Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012).
  56. ^'Mildred Loving Endorses Marriage Equality for Same-Sex Couples'. American Constitution Society. June 15, 2007. Retrieved July 24, 2018.
  57. ^Douglas Martin (June 18, 2007). 'Mildred Loving, 40 Years Later'. The Atlantic. Retrieved March 11, 2015.
  58. ^Douglas Martin (May 6, 2008). 'Mildred Loving, Who Battled Ban on Mixed-Race Marriage, Dies at 68'. New York Times. Retrieved July 14, 2018.
  59. ^Zablocki v. Redhail, 434U.S.374 (1978)
  60. ^Turner v. Safley, 482U.S.78 (1987)
  61. ^Bostic v. Shaefer, 760 F.3d 352, 376 (4th Cir. 2014) ('Perhaps most notably, in Loving v. Virginia, the Supreme Court invalidated a Virginia law that prohibited white individuals from marrying individuals of other races. The Court explained that '[t]he freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men' and that no valid basis justified the Virginia law's infringement of that right. [citations omitted]').
  62. ^Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014).
  63. ^Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014).
  64. ^Latta v. Otter, 771 F.3d 456, 474 (2014).
  65. ^DeBoer v. Snyder, 772 F.3d 388, 411 (6th Cir. 2014) ('Matters do not change because Loving v. Virginia held that 'marriage' amounts to a fundamental right. ... In referring to 'marriage' rather than 'opposite-sex marriage,' Loving confirmed only that 'opposite-sex marriage' would have been considered redundant, not that marriage included same-sex couples. Loving did not change the definition. [citations omitted]').
  66. ^Amar, Akhil Reed (6 July 2015). 'Anthony Kennedy and the Ghost of Earl Warren'. Slate. Archived from the original on 7 July 2015. Retrieved 6 July 2015.
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  69. ^*Mr. & Mrs. Loving on IMDb
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Bibliography

  • Chemerinsky, Erwin (2015). Constitutional Law: Principles and Policies (5th ed.). New York: Wolters Kluwer. ISBN978-1-4548-4947-6.
  • Nowak, John E.; Rotunda, Ronald D. (2012). Treatise on Constitutional Law: Substance and Procedure (5th ed.). Eagan, Minnesota: West Thomson/Reuters. OCLC798148265.

Further reading

  • Aldridge, Delores (1973). 'The Changing Nature of Interracial Marriage in Georgia: A Research Note'. Journal of Marriage and the Family. 35 (4): 641–642. doi:10.2307/350877. JSTOR350877.
  • Annella, M. (1967). 'Interracial Marriages in Washington, D.C'. Journal of Negro Education. 36 (4): 428–433. doi:10.2307/2294264. JSTOR2294264.
  • Barnett, Larry (1963). 'Research on International and Interracial Marriages'. Marriage and Family Living. 25 (1): 105–107. doi:10.2307/349019. JSTOR349019.
  • Brower, Brock; Kennedy, Randall L. (2003). ''Irrepressible Intimacies'. Review of Interracial Intimacies: Sex, Marriage, Identity, and Adoption, by Randall L. Kennedy'. Journal of Blacks in Higher Education. 40 (40): 120–124. doi:10.2307/3134064. JSTOR3134064.
  • Christopher Leslie (2004) Justice Alito's Dissent in Loving v. Virginia, University of California, p.1564.
  • Coolidge, David Orgon (1998). 'Playing the Loving Card: Same-Sex Marriage and the Politics of Analogy'. BYU Journal of Public Law. 12: 201–238.
  • DeCoste, F. C. (2003). 'The Halpren Transformation: Same-Sex Marriage, Civil Society, and the Limits of Liberal Law'. Alberta Law Review. 41 (2): 619–642. doi:10.29173/alr1338.
  • Dorothy Robert (2014) Loving v. Virginia as a civil rights decision, p.177.
  • Foeman, Anita Kathy & Nance, Teresa (1999). 'From Miscegenation to Multiculturalism: Perceptions and Stages of Interracial Relationship Development'. Journal of Black Studies. 29 (4): 540–557. doi:10.1177/002193479902900405.
  • Hopkins, C. Quince (2004). 'Variety in U.S Kinship Practices, Substantive Due Process Analysis and the Right to Marry'. BYU Journal of Public Law. 18: 665–679.
  • Kalmijn, Matthijs (1998). 'Intermarriage and Homogamy: Causes, Patterns, Trends'. Annual Review of Sociology. 24 (24): 395–421. doi:10.1146/annurev.soc.24.1.395. hdl:1874/13605. PMID12321971.
  • Koppelman, Andrew (1988). 'The Miscegenation Analogy: Sodomy Law as Sex Discrimination'. Yale Law Journal. 98: 145–164. doi:10.2307/796648. JSTOR796648.
  • Newbeck, Phyl (2004). Virginia hasn't always been for lovers.
  • Pascoe, Peggy (1996). 'Miscegenation Law, Court Cases, and Ideologies of 'Race' in Twentieth-Century America'. Journal of American History. 83 (1): 44–69. doi:10.2307/2945474. JSTOR2945474.
  • Pratt, Robert A. (1997). 'Crossing the color line: A historical assessment and personal narrative of Loving v. Virginia'. Howard Law Journal. 41: 229.
  • Villet, Grey (2017). The Lovings: An Intimate Portrait.
  • Wadlington, Walter (November 1967). Domestic Relations.
  • Wallenstein, Peter (2014). Race, Sex, and the Freedom to Marry: Loving v. Virginia. ISBN978-0-7006-2000-5.
  • Wildman, Stephanie (2002). 'Interracial Intimacy and the Potential for Social Change: Review of Interracial Intimacy: The Regulation of Race and Romance by Rachel F. Moran'. Berkeley Women's Law Journal. 17: 153–164. doi:10.2139/ssrn.309743.
  • Yancey, George & Yancey, Sherelyn (1998). 'Interracial Dating: Evidence from Personal Advertisements'. Journal of Family Issues. 19 (3): 334–348. doi:10.1177/019251398019003006.

External links[edit]

Links with the text of the court's decision[edit]

  • Works related to Loving v. Virginia at Wikisource
  • Text of Loving v. Virginia, 388U.S. 1 (1967) is available from: CornellCourtListenerFindlawGoogle ScholarLibrary of CongressOpenJuristOyez (oral argument audio)

Other external links[edit]

  • A Groundbreaking Interracial Marriage; Loving v. Virginia at 40.ABC News interview with Mildred Jeter Loving & video of original 1967 broadcast. June 14, 2007.
  • Resources at Oyez.org including complete audio of the oral arguments.
  • Loving Decision: 40 Years of Legal Interracial Unions, National Public Radio: All Things Considered, June 11, 2007.
  • The Fortieth Anniversary of Loving v. Virginia: The Legal Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage, Findlaw commentary by Joanna Grossman.
  • Chin, Gabriel and Hrishi Karthikeyan, (2002) Asian Law Journal, vol. 9 'Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910–1950'
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Loving_v._Virginia&oldid=903145519'

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