Analysis of two Anti-Miscegenation cases
In the Loving v. Virginia, 388 US 1 (1967) is the landmark ruling that nullified anti-miscegenation laws in the United States. In June 1958, Mildred Loving, a black female, married Richard Loving, a white male, in Washington, DC. The couple traveled to Central Point, Virginia and their home was raided by the local police. The police charged the Loving’s of interracial marriage, a felony charge under Section 20-58 of the Virginia Code which prohibited interracial marriages. On January 6, 1959, the couple pled guilty and received a suspended sentence with the agreement that they would Virginia and not return for 25 years. In November 6, 1963, the couple filed a motion in the state court to vacate the original judgment on the grounds it violated the Fourteenth Amendment. The Lovings in October 1964 filed a class action in the US District Court in Virginia to declare the anti- miscegenation law unconstitutional which the three judge panel denied on February 11, 1965. The Supreme Court of Appeals of Virginia upheld the constitutionality of the anti-miscegenation statute on December 12, 1966. The ruling was based on the Naim v. Naim, 197 VA 80, 87 S.E. 2d 749 “to preserve the racial integrity of its citizens and that marriage should be left to the state control under the Tenth Amendment.
With the support of the ACLU, the Loving appealed the decision to the United States Supreme Court. A unanimous Supreme Court decision overturned the Lovings convictions on June 12, 1967. The Supreme Court ruled that Virginia’s anti-miscegenation statute violated the Fourteenth Amendment, specifically the Due Process Clause and the Equal Protection Clause. Chief Justice Warren’s opinion state...
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...federal law. Edith Windsor and Thea Spyer, both females, were married in Canada. In 2009 Thea Spyer died and left her estate to Edith Windsor. Edith Windsor attempted was denied martial tax deduction under the inheritance tax code. Windsor filed a lawsuit in the District Court and the Court of Appeals agreed that Windsor was authorized to the marriage tax deduction. In 2013 the Supreme Court agreed to hear United States v. Windsor, 507 U.S. 12 (2013). The Supreme Court ruled that Section 3 of the DOMA violated the Due Process of the Fifth Amendment of the U.S. Constitution. This means that the U.S. federal government no longer defined marriage as a union between a man and women. Therefore, same-sex unions have the same rights as a heterosexual married couple as far as fringe benefits, social Security benefits, IRA accounts, insurances, and tax law.
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