Saturday, May 7, 2016

Loving vs Virginia

In 1958, two residents of Virginia, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. The Lovings returned to Virginia shortly thereafter. The couple was then charged with violating the state's antimiscegenation statute, which banned inter-racial marriages. The Lovings were found guilty and sentenced to a year in jail (the trial judge agreed to suspend the sentence if the Lovings would leave Virginia and not return for 25 years).

The Supreme Court decided that Virginia's antimiscegenation law violated the Equal Clause of the 14th Amendment by reminding the state that any deliberations made against someone based solely off race, was "odious to free people" and could be subject to "the most rigid scrutiny". While the state argued, the court ruled, the state had no legitimate reason to discriminate against the union based off racial classification and deemed with no relation to "rational purpose". The state also violated the Due Process clause which clearly states "Under our Constitution," wrote Chief Justice Earl Warren, "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.

I believe this topic is important because it proved how much effort went into regaining independence and individuality within states and communities. It allowed the people to have control over their own families and unions with out being accused of crimes.Most importantly the freedom to marry between races helped to disseminate the idea of equality after the effects of slavery, segregation and discrimination .

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