how did the lovings lawyer make their case

by Ezekiel Bahringer PhD 8 min read

The Lovings began their legal battle in November 1963. With the aid of Bernard Cohen and Philip Hirschkop, two young ACLU

American Civil Liberties Union

The American Civil Liberties Union is a nonprofit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." Officially nonpartisan, the organization has been …

lawyers, the couple filed a motion asking for Judge Bazile to vacate their conviction and set aside their sentences.

Full Answer

How did the Lovings get their case set aside?

Nov 16, 2017 · The Loving V. Virginia Supreme Court Case. The Lovings began their legal battle in November 1963. With the aid of Bernard Cohen and Philip Hirschkop, two young ACLU lawyers, the couple filed a ...

Why did the Lovings go to jail?

Loving v. Virginia, legal case, decided on June 12, 1967, in which the U.S. Supreme Court unanimously (9–0) struck down state antimiscegenation statutes in Virginia as unconstitutional under the equal protection and due process clauses of the Fourteenth Amendment. The case arose after Richard Loving, a white man, and Mildred Jeter, a woman of mixed African …

What happened to the Lovings in the Virginia Supreme Court?

Richard Loving asked their lawyers to “tell the Court I love my wife.”. In a unanimous decision, the court struck down centuries of racist laws against interracial marriage and relationships. Finally, almost nine years after they were arrested, the Lovings won the right to live together as a family in the place they called home.

What was the date of the Loving v Loving case?

When they returned to visit family five years later, they were arrested for traveling together. Inspired by the civil rights movement, Mildred Loving wrote to Attorney General Robert F. Kennedy for help. The couple was referred to the ACLU, which represented them in the landmark Supreme Court case, Loving v. Virginia (1967). The Court ruled that state bans on interracial marriage …

image

How did the Lovings win their case?

After the state court rejected the Lovings' challenge, the case was accepted for review by Virginia's Supreme Court of Appeals, which upheld the constitutionality of 20-58 and 20-59 but voided the sentences because the condition under which they were suspended was, in its view, “unreasonable.” Citing its earlier ...

What did the Supreme Court declared in the Lovings case?

Supreme Court decision

On June 12, 1967, the Supreme Court issued a unanimous 9–0 decision in favor of the Lovings that overturned their criminal convictions and struck down Virginia's anti-miscegenation law. The Court's opinion was written by chief justice Earl Warren, and all the justices joined it.

What did the Loving case demonstrate about federal versus state authority?

Loving v. Virginia is considered one of the most significant legal decisions of the civil rights era. By declaring Virginia's anti-miscegenation law unconstitutional, the Supreme Court ended prohibitions on interracial marriage and dealt a major blow to segregation.Nov 17, 2017

Who represented the Lovings in Court?

Bernard Cohen, Lawyer Who Represented Lovings in Landmark Marriage Case, Dies at 86 – NBC4 Washington.Oct 14, 2020

What happened to the Lovings?

The Lovings were criminally charged with interracial marriage under a Virginia statute banning such marriages, and were forced to leave the state to avoid being jailed. They moved to Washington, DC, but wanted to return to their home state.

Where did the Lovings live in DC?

They grew up and lived as neighbors in Caroline County, Virginia, near Central Point where they fell in love. Because of the Racial Integrity Act of 1924, interracial marriage was illegal in the Commonwealth of Virginia so Mildred and Richard married on June 2, 1958 in Washington, D.C.

When was the Loving case decided?

What were the Lovings charged with?

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.

What was the outcome of the Loving vs Virginia case?

A unanimous Court struck down state laws banning marriage between individuals of different races, holding that these anti-miscegenation statutes violated both the Due Process and the Equal Protection Clauses of the Fourteenth Amendment.

Where did the Lovings get married?

Washington, D.C.
Although the Lovings were legally married in Washington, D.C., the state of Virginia, which the couple made their home in, was one of more than 20 states that made marriage between the races a crime. A local judge allowed the Lovings to flee the state to avoid prison time.Jan 28, 2021

How long were the Lovings married?

The Lovings remained married until 1975 when Richard was tragically killed when a drunk driver slammed into his car. Mildred never remarried and died in 2008 at the age of 69. The legacy of the Lovings continues today. The AP reports that 17% of newlyweds in 2015 were interracial marriages.Jun 12, 2017

Who was the lawyer in Loving v. Virginia?

Bernard Cohen
Virginia Case, Dies At 86. Bernard Cohen in a 1970s campaign poster when he ran for the Virginia House of Delegates. As a lawyer he successfully argued the Supreme Court case that established the legality of interracial marriage.Oct 16, 2020

What is the sentence for the lovings?

The Lovings were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified miscegenation as a felony, punishable by a prison sentence of between one and five years.

When was loving v. Virginia legalized?

Before Loving v. Virginia, there had been several cases on the subject of interracial sexual relations. Within the state of Virginia, on October 3, 1878, in Kinney v. The Commonwealth, the Supreme Court of Virginia ruled that the marriage legalized in Washington, D.C. between Andrew Kinney, a black man, and Mahala Miller, a white woman, ...

What is the significance of Loving v. Virginia?

1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.

What is the Virginia case?

1 (1967), was a landmark civil rights decision of the U.S. Supreme Court in which the Court ruled that laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution.

Who is Mildred loving?

Mildred Delores Loving was the daughter of Musial (Byrd) Jeter and Theoliver Jeter. She self-identified as Indian - Rappahannock, but was also reported as being of Cherokee, Portuguese, and African American ancestry. During the trial, it seemed clear that she identified herself as black, especially as far as her own lawyer was concerned. However, upon her arrest, the police report identified her as "Indian".

Is Mildred loving black?

^ Mildred Loving's precise racial background remains unclear. Most sources describe her as black, but she denied being black and often stated she was Native American. See the Plaintiffs section for details.

When did interracial marriage become illegal?

In the Reconstruction Era in 1865, the Black Codes across the seven states of the lower South made interracial marriage illegal. The new Republican legislatures in six states repealed the restrictive laws. By 1894, when the Democratic Party in the South returned to power, restrictions were reimposed.

What was the Supreme Court ruling in Loving v. Virginia?

Supreme Court unanimously (9–0) struck down state antimiscegenation statutes in Virginia as unconstitutional under the equal protection and due process clauses of the Fourteenth Amendment. Mildred and Richard Loving. Mildred and Richard Loving, 1958.

What is equal protection?

Equal protection, in United States law, the constitutional guarantee that no person or group will be denied the protection under the law that is enjoyed by similar persons or groups. In other words, persons similarly situated must be similarly treated. Equal protection is extended when the rules of law are….

What is the Supreme Court?

Supreme Court of the United States, final court of appeal and final expositor of the Constitution of the United States. Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.…

Who was the lawyer who wrote the letter to the lovings?

She hand-wrote a letter to U.S. Attorney General Robert “Bobby” Kennedy to ask for help. His office suggested contacting the American Civil Liberties Union (ACLU). Then, the ACLU referred the Lovings to a young lawyer named Bernard S. Cohen. At first, he worked alone on getting the trial judge to rehear the case. A year later, a chance meeting led to connecting with another young lawyer named Philip H. Hirschkop. Together they would appeal the Lovings’ case for years, and for free.

What was the Supreme Court case about the lovings?

The Lovings’ case went to the Supreme Court —the highest court in the U.S. Their lawyers argued that the Lovings were denied equal protection under the law. Richard Loving asked their lawyers to “tell the Court I love my wife.” In a unanimous decision, the court struck down centuries of racist laws against interracial marriage and relationships. Finally, almost nine years after they were arrested, the Lovings won the right to live together as a family in the place they called home.

How long did the lovings stay in prison?

In court, Judge Leon M. Bazile sentenced them to one year in prison. But he said they could avoid prison if they left Virginia and did not return together for 25 years. They agreed and moved to Washington, DC. The Lovings had difficulties in Washington.

Where did the lovings move to?

But he said they could avoid prison if they left Virginia and did not return together for 25 years. They agreed and moved to Washington, DC. The Lovings had difficulties in Washington. They were far from their families and the rural life that they knew.

Where did the lovings get married?

Although the Lovings were legally married in Washington, D.C. , the state of Virginia, which the couple made their home in, was one of more than 20 states that made marriage between the races a crime. A local judge allowed the Lovings to flee the state to avoid prison time.

What was the crime of the Lovings?

Their crime: violating the Racial Integrity Act of 1924, which forbid interracial marriage. Although the Lovings were legally married in Washington, D.C., the state of Virginia, which the couple made their home in, was one of more than 20 states that made marriage between the races a crime.

Why were the lovings arrested?

The Lovings left to live in Washington, but were arrested again five years later for traveling together, when they returned to Virginia to visit relatives. After the passage of the 1964 Civil Rights Act, the couple wrote to Attorney General Robert F. Kennedy for help.

Where did the lovings get married?

After the Lovings married in Washington, D.C. in 1958, they returned to their home state of Virginia, where soon after they were rousted out of bed and arrested for violating the state’s anti-miscegenation law.

How long did the lovings stay in jail?

A state judge sentenced them to a year in jail, but suspended the sentence if they would leave the state for 25 years. The Lovings left to live in Washington, but were arrested again five years later for traveling together, when they returned to Virginia to visit relatives.

How did Richard loving die?

Virginia, went to the Supreme Court, where in 1967 the justices struck down Virginia’s ban on interracial marriage. Richard Loving died in a car crash in 1975. Mildred Loving died of pneumonia in 2008.

What was the Supreme Court ruling in Loving v. Virginia?

Upon Bazile’s original ruling being upheld in appeals, the case eventually went to the Supreme Court. In Loving v. Virginia, the highest bench in the land unanimously struck down Virginia's law on June 12, 1967, thus allowing the couple to legally return home while also ending the ban on interracial marriages in other states. The court held that Virginia’s anti-miscegenation statute violated both the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Chief justice Earl Warren wrote the opinion for the court, stating marriage is a basic civil right and to deny this right on a basis of race is “directly subversive of the principle of equality at the heart of the Fourteenth Amendment” and deprives all citizens “liberty without due process of law.”

Who played Richard and Mildred in Loving?

The big-screen biopic Loving, starring Joel Edgerton and Ruth Negga as Richard and Mildred Loving, was released in 2016. The film received a groundswell of critical acclaim and was nominated for a Golden Globe and two Academy Awards.

Who defeated Virginia's ban on interracial marriage?

Richard Loving. In 1967, Richard Loving and his wife Mildred successfully fought and defeated Virginia's ban on interracial marriage via a historic Supreme Court ruling.

Where was Richard Perry loving born?

Richard Perry Loving was born on October 29, 1933, in Central Point, Virginia, part of Caroline County. In stark contrast to the segregation found in other Southern communities, the rural Caroline Country was known for its racial mixing, with people of different ethnic backgrounds openly socializing together, a dynamic which informed Richard's personal connections. As a young man, he had a passion for revved up engines and drag car racing, winning prizes, and earned a living as a laborer and construction worker.

How many children did Richard and Mildred have?

Richard and Mildred raised three children: Sidney, Donald and Peggy, the youngest two being Richard's biological children with Mildred. The oldest child, Sidney Jeter, was from Mildred's previous relationship. Donald died at the age of 41 in 2000 and Sidney died in 2010. Peggy, who goes by the name Peggy Loving Fortune, ...

Where did the lovings live?

Leaving behind their family and friends, the Lovings attempted to make a life in Washington, D.C., but they never felt at home. Mildred didn’t adapt to city life; she was a country girl who was used to a rural area where there was room for kids to play.

Who was Richard loving married to?

It was 2 a.m. on July 11, 1958, and the couple in question, Richard Loving and Mildred Jeter, had been married for five weeks. “I’m his wife,” Mildred responded. The sheriff, who was acting on an anonymous tip, didn’t relent with his questioning. Richard was of Irish and English descent, and Mildred of African American and Native American descent, ...

Why were Richard and Mildred arrested?

They were arrested for violating Virginia’s Racial Integrity Act.

Where did Richard and Mildred live?

Mildred and Richard Loving. (Credit: Bettmann / Getty Images) Leaving behind their family and friends, the Lovings attempted to make a life in Washington, D.C. , but they never felt at home. Mildred didn’t adapt to city life; she was a country girl who was used to a rural area where there was room for kids to play.

Who was the first woman to lead a major political party?

Hillary Clinton accepts Democratic nomination, becoming first woman to lead a major U.S. political party. pinterest-pin-it. Richard and Mildred Loving are shown at their Central Point home with their children, Peggy, Donald and Sidney, in 1967. (Credit: The Free Lance-Star/AP Photo)

What is the celebration of June 12th?

There is little doubt about Mildred and Richard’s legacy. There’s an unofficial celebration on June 12, called “Loving Day, ” honoring the anniversary of the Supreme Court decision and multiculturalism. Loving v.

image

Overview

Supreme Court decision

On June 12, 1967, the Supreme Court issued a unanimous 9–0 decision in favor of the Lovings that overturned their criminal convictions and struck down Virginia's anti-miscegenation law. The Court's opinion was written by chief justice Earl Warren, and all the justices joined it.
The Court first addressed whether Virginia's Racial Integrity Act violated the Fo…

Background

Anti-miscegenation laws had been in place in certain states since colonial days. In the Reconstruction Era in 1865, the Black Codes across the seven states of the lower South made interracial marriage illegal. The new Republican legislatures in six states repealed the restrictive laws. By 1894, when the Democratic Party in the South returned to power, restrictions were reimposed.

Criminal proceedings

The Lovings were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified miscegenation as a felony, punishable by a prison sentence of between one and five years.
On January 6, 1959, the Lovings pled guilty to "cohabiting as man and wife, against the peace an…

Precedents

Before Loving v. Virginia, there had been several cases on the subject of interracial sexual relations. Within the state of Virginia, on October 3, 1878, in Kinney v. The Commonwealth, the Supreme Court of Virginia ruled that the marriage legalized in Washington, D.C. between Andrew Kinney, a black man, and Mahala Miller, a white woman, was "invalid" in Virginia. In the national case of P…

Effects

Despite the Supreme Court's decision, anti-miscegenation laws remained on the books in several states, although the decision had made them unenforceable. State judges in Alabamacontinued to enforce its anti-miscegenation statute until 1970, when the Nixon administration obtained a ruling from a U.S. District Court in United States v. Brittain. In 2000, Alabama became the last state to adapt its laws to the Supreme Court's decision, when 60% of voters endorsed a constitutional a…

In popular culture

In the United States, June 12, the date of the decision, has become known as Loving Day, an annual unofficial celebration of interracial marriages. In 2014, Mildred Loving was honored as one of the Library of Virginia's "Virginia Women in History". In 2017, the Virginia Department of Historic Resources dedicated a state historical marker, which tells the story of the Lovings, outside the Patrick …

External links

• Works related to Loving v. Virginia at Wikisource
• Text of Loving v. Virginia, 388 U.S. 1 (1967) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist Oyez (oral argument audio)
• A Groundbreaking Interracial Marriage; Loving v. Virginia at 40. ABC Newsinterview with Mildre…