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Supreme Court Case: Virginia Vs. Lovings

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Sukhsharn Kaur Johal Phil 4401 Dr. Nagel 28 August 2015 Loving v. Virginia This situation creates concern in that it brings up questions about how this case was handled by the State of Virginia and the Supreme Court of Appeals. Were Virginia anti-miscegenation laws constitutional? Did these laws indeed violate the Fourteenth Amendment? When the Lovings’s case reached the Supreme Court of Appeals, the Court supported the anti-miscegenation statutes and thus confirmed the convictions. This raises the question whether or not if the Supreme Court of Appeals violated the 14th Amendment too? The two people whose lives were most affected by the outcome of the decision were the Lovings’s. For the Lovings’s, what mattered the most was that if they
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Klopfer vs North Carolina In 1967, Peter Klopfer, was an African-American biology professor at the University of Duke in North Carolina. One evening, he was present at a nonviolent sit in; which lead to his arrest later on for trespassing. This incident lead him all the way to the U.S. Supreme Court on March 13.

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C. Precedent The law is unconstitutional not only due to the meaning of the text itself, but also from many cases of precedent. District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) have already established the importance of the Second Amendment, but there are other cases as well that back up the courts decision claiming the ban on carrying a concealed weapon is unconstitutional. In Bliss v. Commonwealth, 2 Litt. 90, (KY 1822), established that the right to bear arms was for defense against themselves and the state. This case consisted of a man carrying a concealed weapon in his cane and it is similar to the one in which we face today.

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The decision that the Supreme Court should have made was to give the right to Michael H. to gain paternity over his daughter. Gerald D. and his wife Carole had a daughter, or so he thought. Carole had a secret which was an affair with a man by the name of Michael H. Gerald’s name was on the birth certificate, however, the blood tests taken claimed that Michael was the father. Michael argued to the Court that he has the right to be in his daughter’s life no matter the circumstances. Gerald argued to the Court that a child born into a marriage is considered correct and traditional.

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To first understand why Mr. Dred Scott decided to sue for his freedom, we have to understand the prelude to his story. Even before Dred Scott was born a case in London was buzzing that would emancipate slaves and some historians believe the case contributed to increasing colonial support for separatism in the Thirteen Colonies of British North America, by parties on both sides of the slavery question who wanted to establish independent government and law (Britannica). The case was Somerset v. Stewart and it has been deemed one of the most important legal actions in the history of the antislavery movement (Weiner 71). The facts of the case were that James Somerset was a slave of Charles Stewart, an officer in the British colony of Boston in

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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.

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Don’t Sleep Through the Amendment Annoyed about the loss of the civil war and hoping to declare continued superiority over the blacks of the South, the Southern states created the poll tax. All who wanted to vote in 1904 Virginia had to pay a tax of a dollar and fifty cents a price about thirty dollars in today’s money. Because of its high price poor whites and most African Americans were not able to vote because they were generally poor. Many saw the injustice of the poll tax and tried to push for its demise. “The poll taxes themselves were at one point ruled not to be unconstitutional in the Breedlove v. Suttles case because it did not violate the provisions set forth by either the Fourteenth Amendment or the Fifteenth Amendment”

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With this decision came a punishment for whoever decided to break this new law. The United States supremacy court said "that because its miscegenation statutes punished both white and black participants in an interracial marriage equally, they cannot be said to constitute invidious discrimination based on race and, therefore, the statutes commanded mere rational basis

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Loving v. The Commonwealth of Virginia was a case that redefined marriage in the 20th century by extending the Equal Protection Clause of the 14th amendment to include and protect freedom to marry through the declaration that “marriage is a basic civil right (Loving v. Virginia).” The case involves the marriage of Richard Loving, a white male, and Mildred Loving nee Jeter, an African American woman, who were both from various parts of Caroline County, VA. The pair met at a music venue where Mildred’s brother’s band was performing (Report on Loving Case, 2009). They were instantly smitten and by 1957 their oldest son Sydney was born. They exchanged vows just a year after his birth; however, this wedding violated Virginia state codes as it was

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Hence there is no discrimination. However, the point that the Supreme Court seems to be missing is the freedom of personal liberty. (“Life, Liberty of Property without due process of Law”)While the object of the 14th amendment was to enforce absolute equality, it included personal liberty. If the amendment is enforced in its true meaning, it means to protect all civil rights that pertain to freedom and citizenship. Liberty consists of the power to move around and follow one’s own will under without any restraint unless prohibited by law.

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The movie “Loving” is based on a true story, and it depicts the lives of Richard and Mildred Loving, an interracial couple, living in Virginia. In 1958, the couple went to Washington D.C and got married. They married here for the reason that interracial marriage was banned in Virginia. Yet, when they got back home, they were arrested. They spent the expanse of nine years struggling for their right to live as family in their town.

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Reynolds’s ruling clearly states that “social harm may have been a legitimate concern of government for reasons quite apart from discrimination” (Smith, 494 U.S. at 878-79, 110 S.Ct. 1595). Androcentric practices, conscious or unconscious, continue to permeate every system within our society. These androcentric practices may lead to oblivious discrimination against women in polygamous marriages. In addition to the effects of social harm, the Court also cited that Utah 's bigamy statute would survive a federal free exercise of religion challenge under the most recent standards enunciated by the United States Supreme Court.

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These Virginia laws were found to be “in violation of the Due Process Clause of the Fourteenth Amendment” (Cornell Law). The minimum rights every person should have in this country. These laws were against it. After some time, the Supreme Court ultimately came to a an overwhelmingly unanimous decision and deemed these laws unconstitutional. “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.”

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The gay rights movement hit a major milestone, when in 1962 the state of Illinois repealed its sodomy laws. Laws targeting LGBT+ (lesbian, gay, bisexual, transgender) people were common and sodomy laws were no exception. After Kinsey’s first work was published five states lowered their maximum penalty for sodomy: Arkansas, Nevada, New Jersey, Georgia, and New York. Massachusetts mitigated their extreme psychopath laws and Californiana eliminated so-called sexual perverts from sterilization

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