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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.
The couple had three children: Donald, Peggy, and Sidney.
She died of pneumonia on May 2, , in her home in Central Point, aged In June , the couple traveled to Washington, D. 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.
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 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section , which classified miscegenation as a felony, punishable by a prison sentence of between one and five years.
On January 6, , 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. 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, , after waiting almost a year for a response to their motion, the ACLU attorneys brought a class action suit in the U. District Court for the Eastern District of Virginia. This prompted the county court judge in the case, Leon M.
Bazile — , 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.
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. Naim 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 in Pace v.
The Lovings did not attend the oral arguments in Washington,  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.
Virginia, there had been several cases on the subject of interracial sexual relations. Within the state of Virginia, on Oct. Alabama , 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. 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 s.
In Kirby v. Kirby , 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.
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.
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. 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.
The turning point came with Perez v.
Sharp , also known as Perez v. Decision[ edit ] On June 12, , 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 had upheld this "equal burden" argument 84 years earlier in the 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.
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. 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.
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