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The Statutes Pave V Alabama Loving V Video

Interracial Marriage turns 50; Loving v. Virginia Landmark Court Case in Marriage Equality The Statutes Pave V Alabama Loving V.

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Loving v.

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VirginiaU. It has been the subject of several songs and three movies, including the film Loving. Beginning init was cited as precedent in U.

The case involved Mildred Lovinga woman of color[note 1] and her white husband Richard Lovingwho in were sentenced to a year in prison for marrying each other. Their marriage violated Virginia's Racial Integrity Act ofwhich criminalized marriage between people classified as "white" and people classified as " colored ". The Lovings appealed their conviction to the Supreme Court of Virginiawhich upheld it.

They then appealed to the U. Supreme Court, which agreed to hear their case. On June 12,the Court issued a unanimous decision in the Lovings' favor and overturned their convictions.

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Its decision struck down Virginia's anti-miscegenation law and ended all race -based legal restrictions on marriage in the United States. Virginia had argued that its law was not a violation of the Equal Protection Clause because the punishment was the same regardless of the offender's race, and thus it "equally burdened" both whites and non-whites. Anti-miscegenation laws had been in place in certain states since colonial days. In the Reconstruction Era inthe 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The new Republican legislatures in six states repealed the restrictive laws. Bywhen the Democratic Party in the South returned to power, restrictions were reimposed. A major concern was how to draw the line between black and white in a society in which white men had many children with enslaved black women.

On the one hand, a person's reputation as black or white was usually what mattered in practice. On the other hand, most laws used a "one drop of blood" rule, which meant that one black ancestor made a person black in the view of the law.

However, upon her arrest, the police report identified her as "Indian". Their families both lived in Caroline County, Virginiawhich adhered to strict Jim Crow segregation lawsbut their town of Central Point had been a visible mixed-race community since the 19th century. Mildred became pregnant, and in Junethe The Statutes Pave V Alabama Loving V traveled to Washington, D.

When the officers found the Lovings sleeping in their bed, Mildred pointed out their marriage certificate on the bedroom wall.

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They were told the certificate was not valid in Virginia. The Lovings were charged under Section of the Virginia Code, which prohibited interracial couples from being married out of state and then The Statutes Pave V Alabama Loving V 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,the Lovings pled guilty to "cohabiting as man and wife, against the peace and dignity of the Commonwealth". They were sentenced to one year in prison, with the sentence suspended on condition that the couple leave Virginia and not return together for at least 25 years. After their conviction, the couple moved to the District of Columbia. Infrustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney General Robert F. Cohen and Philip J. Hirschkopwho filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment 's Equal Protection Clause.]