Loving V. Virginia Case Study
I chose to discuss a Supreme Court Case which was found to be in direct violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment. The case I am discussing is Loving v. Virginia. Initially, the Anti-miscegenation laws were put into place during the slavery/colonial period. No white man would tarnish his reputation or family name by actually marrying a slave but would indulge in the forbidden fruit by raping and/or having adulterous relationships with the slave. If through their sexual activity a child was born and his or her paternity rights were denied.
In 1865 after the Civil War, during the reconstruction period several of the legislatures enacted the Black Codes. These codes were the same rules that held the …show more content…
This would be a beautiful love story except for this couple was an interracial one and their home state of Virginia did not condone marriages between Caucasians and African-Americans. Yes, it was 1958 but the law had been in place since 1924. It didn’t matter that the couple, Mr. Richard Loving and Miss. Mildred Jeter, were legally married in Washington, DC. They returned eager to begin their life as one but was jailed. The state of Virginia upheld their law and the Lovings were sentenced to a years imprisonment. The nice judge suspended their time but they had to agree to leave Virginia and not return for 25 years. The Lovings family returned to Washington, DC but decided to visit family in Virginia. During this visit they were again arrested. During this time Mrs. Loving sought out assistance from the Attorney General Robert F. Kennedy.
The Lovings were represented by American Civil Liberties Union and had the conviction appealed. The Supreme Court ruled that their rights to equal protection and due process under the Fourteenth Amendment was violated. The Racial Integrity law was stroke down. The Supreme Court recognized that this law was meant to keep all others segregated from Caucasians.
It was decided that all free men could rightfully marry whomever they wish and to attempt to deny them from doing so supports racial classification and their pursuit of
In 1865 after the Civil War, during the reconstruction period several of the legislatures enacted the Black Codes. These codes were the same rules that held the …show more content…
This would be a beautiful love story except for this couple was an interracial one and their home state of Virginia did not condone marriages between Caucasians and African-Americans. Yes, it was 1958 but the law had been in place since 1924. It didn’t matter that the couple, Mr. Richard Loving and Miss. Mildred Jeter, were legally married in Washington, DC. They returned eager to begin their life as one but was jailed. The state of Virginia upheld their law and the Lovings were sentenced to a years imprisonment. The nice judge suspended their time but they had to agree to leave Virginia and not return for 25 years. The Lovings family returned to Washington, DC but decided to visit family in Virginia. During this visit they were again arrested. During this time Mrs. Loving sought out assistance from the Attorney General Robert F. Kennedy.
The Lovings were represented by American Civil Liberties Union and had the conviction appealed. The Supreme Court ruled that their rights to equal protection and due process under the Fourteenth Amendment was violated. The Racial Integrity law was stroke down. The Supreme Court recognized that this law was meant to keep all others segregated from Caucasians.
It was decided that all free men could rightfully marry whomever they wish and to attempt to deny them from doing so supports racial classification and their pursuit of