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Loving v Virginia: Then and Now
“Under our constitution, the freedom to marry, or not marry, a person of the other race resides with the individual and cannot be infringed by the states.” In 1967, Earl Warren led the Supreme Court when it was faced with choosing to support a state’s rights of having their own laws or equal protection of the laws granted to all citizens under the Constitution. The case of Loving v. Virginia was sent to the Supreme Court because Virginia, including 15 other states, enforced an anti-miscegenation statute, which disallowed marriage between white and black people. The court case was important then and continues to affect change in the twenty-first century.
In 1958, Mildred Jeter, a black woman, and Richard Loving, a white man, travelled
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The U.S. has recognized marriage as a basic human right by many court cases including Loving v Virginia. Since protecting the marriage of a black-Cherokee woman and a white man, the case has also helped support the legalization of same-sex marriage in all 50 states. This is important because it creates a more united America by knocking down social constraints that disallowed the 5-10% of America identified as homosexual from being married. In the same way as blacks were not allowed to vote, gay couples were not allowed to marry. The legalization of same-sex marriage is helping bridge the split in social order of America by not outlawing same-sex couples for being “immoral” and implying the couples are less-deserving of marriage than a heterosexual relationship. The change of expanding the 14th amendment’s meaning of equal protection of rights for all citizens, in this case for marriage, is helping people treat each other as equivalent and allowing the country to take another step towards liberty and justice for
On July 11, 1958 a couple of hours after midnight, Richard Loving a white man and Mildred Loving an African American woman were awakened to the presence of three officers in their bedroom. One of the three officers demanded from Richard to identify the woman next to him. Mildred, full of fear, told the officers that she was his wife, while Richard pointed to the marriage license on the wall. The couple was then charged and later found guilty in violation of the state's anti-miscegenation statute.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
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 stated that the Constitution provide citizens “the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”
Loving V. Virginia is a notable case where two citizens of Virginia, a 17 year old African American female named Mildred Jeter, married a 23 year old white man named Richard Loving in Washington, DC in June 1958. During this time the District of Columbia did not have any laws prohibiting interracial marriages where as Virginia, the state the two currently resided in did. Not long after their marriage the newlyweds returned to Virginia and were served an indictment by the Circuit Court of Caroline County in October 1958. The indictment stated that the two were violating Virginia’s anti-miscegenation laws against interracial marriage. Thus the Lovings had to plead guilty to the charges in January 1959 (Warren, 1967).
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
“Separate but equal was a legal doctrine in United States constitutional law that justified and permitted racial segregation as not being in breach of the Fourteenth Amendment to the United States Constitution which guaranteed equal protection under the law to all citizens, and other federal civil rights laws". African Americans have a history of struggles because of racism and prejudices. Ever since the end of the Civil War, they struggled to benefit from their full rights that the Constitution promised being that, the US Supreme Court had to make many decisions to impact African-Americans: Loving vs Virginia, Plessy vs Ferguson, and Shelley vs Kraemer.
Richard and Mildred Loving were prosecuted on charges of violating the Virginia state’s ban on interracial marriages, the 1924 Racial Integrity Act. The Loving’s violated Virginia law when the couple got married in Washington D.C., June 1958. The couple returns to their home in Central Point, Virginia. In the early morning hours of July 11, 1958, the Loving’s were awakened by local county sheriff and deputies, acting on an anonymous tip, burst into their bedroom. “Who is this woman you’re sleeping with?” Mrs. Loving answered “I’m his wife.” Richard Loving pointed to the marriage certificate on the wall. The sheriff responded, “That’s no good here.” In the initial proceedings presiding Judge Leon M. Bazile, is credit with saying “[a]lmighty God created the races white, black, yellow, Malay, and red, and he placed them on separate continents,” the judge attests, “[t]he fact that he separated the races shows that he did not intend for the races to mix”(Sheppard 1). Upon the initial trail the Loving’s were sentence to one-year each, Bazile agreed to suspend their prison sentences if they would leave the state for 25 years. So the Loving’s opted to live in Washington D.C. only 90 miles from their rural hometown. After five years of sneaking back to Central Pointe, Mildred wrote to Attorney General Bobby Kennedy asking for help. Kennedy referred her to the American Civil Liberties Union (ACLU), which assigned Bernard S. Cohen and Philip J. Hirschkop to the case. The Loving’s sought review of a judgment from the Supreme Court of Appeals of Virginia which held that Virginia Code sections 20-58 and 20-59, which were adopted by to prevent marriages between persons solely on the basis of racial classification, did not violate t...
Seventeen-year-old Mildred Jeter, who was African-Indian, and her childhood sweetheart, twenty-three-year-old white construction worker, Richard Loving were against Virginia's miscegenation laws banning marriage between blacks and whites. During 1924, interracial marriage was illegal in Virginia. The Racial Integrity Laws were designed in the South meaning that the white race and its purity was protected from racial mixtures. Mildred and Richard married on June 2, 1958, in Washington, D.C. After they returned to their hometown, Caroline County, they were arrested and charged with unlawful cohabitation. The couple was sued and imprison of violating the state's anti-miscegenation law. The punishment was a one year in jail or The court suspended the sentences, “a period of twenty-five years upon the provision that both accused leave Caroline County and the state of Virginia at once and do not return together or at the same time to said county and state for a period of twenty-five years."
In the text Desiree’s baby and the real case of Loving v. Virginia,both have many similarities and many differences but everything comes down to family,society and race which would dictate where you were in the at the time popularity level.The color of your skin defined who you were and how you were expected to be treated which would mean your children would also be affected so on and so forth.
Virginia case. This case was about how an interracial couple wanted to get married and Virginia state said no. This was unfair also. The Equal Protection Clause of the United States Constitution (Constitution) prohibits classifications drawn by any statute that constitutes arbitrary and invidious discrimination. The fact that Virginia bans only interracial marriages involving whites is proof that the miscegenation statutes exist for no purposes independent of those based on arbitrary and invidious racial discrimination (case briefs). Virginia had a law that said black and white people could not marry. At the end of the case the Supreme Court decision was that to have a law that rules against interracial marriage was
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
Miscegenation: Noun; Marriage, cohabitation, or sexual relations between two members of two separate races. Most commonly used in reference to relations between African Americans and Caucasian Americans (blacks and whites.) In 1960’s nearly 4 out of every 225 marriages was interracial. This was frowned upon in the early to mid 1900’s and this is what two people, Mildred Jeter and Richard Loving had to face. Racial indifference or a racial supremacy has been an issue in America as long as it has existed. It began with the Native Americans on this soil we thrive on today. The whites of the time pushed the Natives of what land they could and fooled them off of the rest of it. They took their children, and tried to conform them into a race they were not, and never would be. From there on, our nation grew larger and more independent. In 1619, 127 years after North America had been discovered, a Dutch man traded his cargo of Africans for food. This gave our nation its first group of “servants.” The uproar of slavery did not start until the 1680’s as far as the records show.
A debate is raging in America about who people have a right to marry. In response to lesbians and gays asking for the right to marry, many legislators are writing laws to ban same-sex marriage in their respective states. Even President Bush supports a Constitutional amendment that would ban same-sex marriage (prez.bush.marriage/). Opponents of such legislation do not want discrimination passed into law and are protesting at every opportunity. One must understand the reasons that people want to ban same-sex marriage before he or she can effectively argue about the subject. Many advocates of same-sex marriage bans say that allowing gays and lesbians to marry would degrade the institution of marriage because marriage is only supposed to exist between a man and woman. In addition, allowing same-sex marriage would cause problems for society (Issues and Controversies on File). One theory why opponents may fight against same-sex marriages is that heterosexual marriages have long reinforced traditional gender roles within marriage and that allowing same-sex marriages would cause males to lose their authority to subordinate females as heterosexual couples begin to model same-sex marriage gender equality (Calhoun 157).
Over the last years the topic of same-sex marriage has been of great importance to our society. The idea of the same gender being lawfully married is disturbing to a group of people but in the recent years the number of supporters has increased. The cases that argue for the legalization of same-sex marriage are focusing on the relationship of the individuals and do not see anything in same-sex marriage that could harm our society as a whole. The article “How the President go to ‘I Do’ on Same-Sex Marriage,” published by Joe Becker in April 2014, explains how Barack Obama started saying that he was undecided about the subject matter but is now leaning toward the legalization of same-sex marriage. The subject matter takes a lot of analyzing of what pros and cons are to come from the legalization of same-sex marriage. Same-sex marriage is a global argument that deals with unifying two individuals of the same gender under the law. The main reason that supporters give for justifying same-sex marriage is that it is for the same reason as straight people, to show love and commitment to each other. Furthermore, the argument of same-sex marriage is difficult to generalize because of the multiple factors that need to be taken in consideration when making any decision regarding this topic. Although Becker does have true premises, he lacks clarity in his terms which make his argument be false and invalid.
In conclusion I argue that banning same-sex marriage is discriminatory. It is discriminatory because it denies homosexuals the many benefits received by heterosexual couples. The right to marriage in the United States has little to do with the religious and spiritual meaning of marriage. It has a lot to do with social justice, extending a civil right to a minority group. This is why I argue for same-sex marriage. The freedom to marry regardless of gender preference should be allowed.