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Compare And Contrast Loving Vs Virginia

658 Words3 Pages

Anai E Aguilar
Ms Richards
Law and Gov
2 June 2023
Final Essay
An African American and An American woman’s marriage today seems to be normal. The law and society normalized this marriage but in 1985 it was illegal. Loving v Virginia was a huge case on interracial marriage. In 1985, a couple was arrested and when given the chance to leave they decided to get married in washington dc, where it was legal. The wife decided she should fight for her rights to be married in her home state and sought help of an activist Kennedy. After many years, the court decided that the Virginia law violated the 14th amendment because they did not allow the lovings, and many interracial couples to be together. It was then decided that all people had the right to marry and love whomever they want. While many Supreme Court cases have had important lasting impacts in the United States , the Loving V Virginia court case was the most impactful landmark supreme court case because the supreme court made all anti-miscegenation laws unconstitutional. , The loving case was used in the case of Obergefell v. Hodges, which legalized gay marriage across the United States, and It influenced the civil rights movement.
The Loving V Virginia court case was the most impactful landmark supreme court case …show more content…

As stated in “Loving v. Virginia and its Local Impacts in Texas”, “There is no doubt Loving v.Virginia, 388 US 1, was a significant case for African American civil rights and the United States as a whole.” Loving v. Virginia helped alter views on interracial marriages all over the country, especially in all communities. This led the civil rights movement to prove their reasoning for protests and awoke the country.“The African American Civil Rights movement reacted positively towards the changes Loving v. Virginia would bring upon its success, as seen from the hopefulness in newspapers run by African

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​In the case of Loving v. Virginia (1967), an interracial couple by the name of Richard Loving, a Caucasian man, and Mildred Loving, an African American woman, moved to Washington D.C. because of Virginia’s Racial Integrity Act of 1924 that banned whites and blacks from marrying. They both grew up in Virginia which was one of the many states that banned interracial marriages. After a few years of being married, the Loving’s returned back to Virginia to shortly be arrested for violating the miscegenation law. The law prohibited black and white couples from marrying out of state and then returning back to Virginia. Richard and Mildred were both charged and guilty of the crime that sentenced them to a year in jail.

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Under our Constitution, 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).” Many previous rulings of the court aided in the ruling in the Loving case. One such case was McLaughlin v. Florida which was used to reinforce the idea that race classifications cannot affect the criminality of an act or the severity of the punishment and was the basis of Justice Stewart’s concurring opinion about the Loving case (Loving v. Virginia). Likewise Hirabayashi v. United States was utilized to state that distinctions between citizens due to ancestry is unjust. The ruling of Brown v. Board was used to apply the sentiment that separate but equal is never equal even when it comes to marriage (Loving v. Virginia).

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Virginia. This landmark civil rights decision of the United States Supreme Court used the fourteenth Amendment to negate the previous laws forbidding interracial marriages. Mildred and Richard Loving pleaded guilty at a hearing in a Virginia state court in 1959, for disobeying Section 20-58 of the Virginia state code, which made it illegal for a “white” person and a “colored” person to return as man and wife after leaving the state to be married. The determined punishment, for violation of said law, was imprisonment in the state penitentiary for one to five years. The Lovings were sentenced to one year in jail, although it was suspended on the condition that the couple leave the state immediately and not return for 25 years.

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In the stories of Loving V. Virginia and “ Desiree’s baby ” both take place back in the day when racism was prevalent. The United States Supreme Court invalidated laws prohibiting interracial marriage. Although one of them is a fictional story while for the other one is an article on a real case that happened. After a close reading of Loving V. Virginia and the fictional story Desiree 's Baby by Kate Cho both couples react to interracial marriage in a way that demonstrates race relations don’t allow them to be happy and they believe they are as equal as anybody else and deserve to live how they choose to live. Loving V. Virginia took place in 1967 back then normal couples were considered as two people of the same race.

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In the year 1958, Mildred and Richard Loving were ripped out of their bed at 2 A.M., arrested, and thrown into jail because they were an interracial couple, and therefore labeled as felons in the state of Virginia ("Loving v. Virginia"). Miscegenation, or the intimacy between a caucasian person and a person of a different race, has held a stigma in the United States since the beginning of institutionalized slavery in the US. US slavery began during the year of 1619, in the colony of Jamestown, Virginia. Slavery was then abolished in 1865, when the American Civil War (1861-1865) ended ("Slavery in America"). Despite the abolition of slavery, equality was not fully reached.

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Their civil rights case, Loving versus Virginia, went to the Supreme Court, and it ultimately marked a monumental time in American history. For the first time, laws prohibiting interracial marriage were struck down. Richard and Mildred initially pleaded guilty. The judge ruled one year in jail as well as banishment

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(History) This ruling not only overturned the Loving’s criminal conviction but it also got rid of “existing laws against interracial marriage in 16 U.S. states including Virginia.” All of this came to be when Richard Loving and Mildred fell in love, a right everyone

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