ipl-logo

Comparison And Analysis: Loving Vs. Virginia

1848 Words8 Pages

Final Paper Kelsey Prochnow Comparison and Analysis Powell v. Alabama, 287 U.S (1932), and Loving v. Virginia, 388 U.S (1967). The United States had a complicated past with racial discrimination and civil rights, which frequently emerged in historic court cases. Powell v. Alabama (1932) and Loving v. Virginia (1967) are both examples of these instances that demonstrate the ongoing fight for justice and equality in the face of institutional racism. In a racially charged environment, where a group of young African American boys faced an unfair trial and possible execution in Powell v. Alabama. Their trial was a critical reminder of the right to a fair trial, especially in capital cases when lives were at stake. In contrast, Loving v. Virginia contested the validity of anti-miscegenation legislation that forbade interracial unions. Although Loving’s love was farther than what meets the eye, Virginia law declared their relationship unlawful. Their battle to love each other in …show more content…

They revealed that the laws’ discriminatory foundations, negative societal consequences and violations of the 14th Amendment’s Equal Protection and Due Process clauses. They stressed the risks of the “racial purity” notion, drawing comparisons with Hitler's worldview. Virginia responded with a 52-page brief upholding the statutes constitutionally and arguing against social and logical reasoning, overriding existing judicial precedence. Despite Cohen’s lack of experience, he and Hirschkop challenged the anti-miscegenation statutes successfully, which laid the stage for the landmark choice of the Supreme Court being in the Lovings favor. While the Lovings lawsuit fought against the discriminatory laws affecting interracial marriage, another landmark case was the Scottsboro Boys trial, showing the crudeness of racial prejudice in the justice

Show More
Related
1672 Words | 7 Pages

Once at the Texas Criminal Court, Lawrence and Garner’s attorney from Lambda Legal stated that the law adopted by the Texas Penal Code was going against the Fourteenth Amendment which guaranteed equal protection because it allowed sodomy between heterosexual couples but not homosexual couples. The attorney also argued that the Supreme Court’s decision on Bowers v. Hardwick, which claimed that no privacy protection between same-gendered couples having consensual sex was needed, was wrongly decided. The judge of the Texas Criminal Court decided to fine both males $200 because they pleaded “no contest” and the judge also denied dismissal of the defenses’ motion. Lawrence and Garner then took it up to the Fourteenth Court of Appeals who found that the Texas law was unconstitutional in a 2-1 vote. The Court of Appeals then decided to review the case en banc without hearing any oral arguments and did not agree with the Fourteenth Court of Appeals claiming that the law was indeed constitutional in a 7-2 vote.

Read More
666 Words | 3 Pages

The South, home to most African Americans in that time, sought out ways to legally exclude African Americans. Homer Plessy had decided to test new segregation laws that had been passed a year earlier. A few months prior, Daniel Desdunes had also sat in the whites-only section, and his case had never made it to trial. However, in Plessy’s case, the Supreme Court was able to rule the new laws constitutional in a seven to one decision; “separate but equal” would be completely legal if both sections are equal.

Read More
872 Words | 4 Pages

Name: Tutor: Course: Date: Movie Review: Loving v. Virginia 1967 It is important to make films that not only entertain the audience but also educates, opens their mind and show a way of improvement in the social life context.

Read More
677 Words | 3 Pages

This paper focuses on the Supreme Court case Obergefell v. Hodges (2015). This paper will give an overview of the case, the major arguments made by the plaitiffs and the defendents, as well as how the case has affected other rulings. This case has answered many legal questions and will shape any future cases that deal with gay marriage, possibly even equal rights. Deatiled CH: James Obergefell and John Arthur was a same-sex couple and was married on July 11, 2013 on a medical transport plan on the tarmac at the airport in Baltimore, Maryland due to Arthur being unable to move (3,2) .

Read More
851 Words | 4 Pages

During the time, the Supreme Court had already dealt with several cases concerning the right to counsel. In Powell v. Alabama, taking place in 1932, which involved the “Scottsboro Boys,” nine black teenagers who had been found guilty of raping two white women, the court had ruled that indigent defendants charged with capital crimes were entitled to legal counsel. In Betts v. Brady, taking place in 1942, the court decided that assigned counsel was not required in felony cases except when there

Read More
1719 Words | 7 Pages

Virginia was one of many cases threw out the nation that dealt with marriage of interracial couples. In the fifty’s a lot of things were not accepted due to racial tensions. The question asked in this case is, did Virginia's laws violate the Equal Protection of the Fourteenth Amendment? In 1958, two Virginia residents, A black woman named Mildred Jeter, and a white man Richard Loving, had gotten married in the District of Columbia where interacial marriages were not an issue. The big issue is the Lovings returned to Virginia shortly thereafter they got married and more problems insured.

Read More
919 Words | 4 Pages

The Supreme Court's decision in Loving v. Virginia, handed down on June 12, 1967, struck down anti-miscegenation laws in Virginia and across the country. The Court held that laws prohibiting interracial marriage violated the Fourteenth Amendment's Equal Protection Clause and the fundamental right to marry. ( A&E ) This evidence shows that the Lovings went through a very tough and hard case to try and get their marriage legalized in the state of Virginia to be able to come home and be with their friends and

Read More
784 Words | 4 Pages

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.

Read More
1154 Words | 5 Pages

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.

Read More
1081 Words | 5 Pages

The Supreme Court Case of Loving v. Virginia in 1967 was widely known because it helped to set a better future for interracial marriages. On July 11, 1958, newlyweds Richard and Mildred Loving were asleep in bed when three armed police officers burst into their room. The couple were hauled from their house and thrown into jail for their marriage. At that time, 24 states across the country had laws strictly prohibiting marriage between people of different races. In order to evade Virginia’s Racial Integrity Act, the pair had traveled to Washington, D.C. for the ceremony.

Read More
268 Words | 2 Pages

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

Read More
1657 Words | 7 Pages

Injustice The Scottsboro Case shed light on the racial practices expressed in law that made a great impact on the legal system today. The actual victims of the Case did not receive a fair trial due to the color of their skin. The ones who played the victims planned the crime, and their stories made no sense. But like many of the trials during the time it wasn’t based on the actual evidence that was found,or even the defendants ' stories.

Read More
1167 Words | 5 Pages

They also justified their actions by claiming that they were fair because the treatment between blacks and whites was equal. Philip Hirschkop, the attorney for the Lovings, argued that their 14th Amendment was violated because they were denied equal protection under

Read More
2023 Words | 9 Pages

President Eisenhower, in his address to the country, more specifically the people of Arkansas, discusses the inevitable situation involving racial segregation occurring in Arkansas. Eisenhower’s purpose is to convey to the country that he will fight to preserve the decision that the Supreme Court came to on racial segregation. He adopts a personal tone in order to convey to the people of Arkansas that he understands how they feel in this situation. After establishing that he will do whatever is necessary to protect the rights of the students and connects with the Arkansas people by addressing the fact that his decision wasn’t based on his personal beliefs, Eisenhower shifts his focus to validating the citizen’s feelings of anger and feeling slighted. Eisenhower through logically crafted arguments asserts that he will use his powers to ensure the students’ rights aren’t withheld.

Read More
737 Words | 3 Pages

. “Loving v. Virginia was a Supreme Court case that struck down state laws banning interracial marriage in the United States.” (History) Believing that love is love made a huge effect on everyone and shifted the way individuals thought. In the 60’s, it was said to be easier to sit back instead of fighting for what you believe in.

Read More

More about Comparison And Analysis: Loving Vs. Virginia

Open Document