Bans on inter racial dating
However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I am not black." A factor contributing to the confusion is that it was seen at the time of her arrest as advantageous to be "anything but black." At the age of 18, Mildred became pregnant.
In June 1958, the couple traveled to Washington, D. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.
On January 6, 1959, 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.
Cohen, conveyed the message he had been given by Richard Loving: "Mr.
Cohen, tell the Court I love my wife, and it is just unfair that I can't live with her in Virginia." Before Loving v. The Commonwealth, the Supreme Court of Virginia ruled that the marriage legalized in Washington, D. between Andrew Kinney, a black man, and Mahala Miller, a white woman, was “invalid” in Virginia. Alabama (1883), the Supreme Court of the United States ruled that the conviction of an Alabama couple for interracial sex, affirmed on appeal by the Alabama Supreme Court, did not violate the Fourteenth Amendment.
Carrico cited as authority the Virginia Supreme Court's decision in Naim v.
Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.
The decision was followed by an increase in interracial marriages in the U.
In 1964, frustrated 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. The ACLU assigned volunteer cooperating attorneys Bernard S. Hirschkop, who 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.
On October 28, 1964, after waiting almost a year for a response to their motion, the ACLU attorneys brought a class action suit in the U. District Court for the Eastern District of Virginia.
S., and is remembered annually on Loving Day, June 12. federal court decisions holding restrictions on same-sex marriage in the United States unconstitutional, including in the 2015 Supreme Court decision Obergefell v. In the Reconstruction Era in 1865, the Black Codes across the seven states of the lower South made intermarriage illegal.