090223 Way Black History Fact - Loving v. Virginia - podcast episode cover

090223 Way Black History Fact - Loving v. Virginia

Sep 02, 20234 min
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Our Way Black History Fact highlights Loving v. Virginia—the case of a White man and his Black wife that led to the federal government clearing the path for interracial marriage in the U.S.

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Transcript

Speaker 1

All right, it is time for the way black history fact. In today's way black history fact comes from history dot com and we are talking about Loving versus Virginia. So for those who don't know, Loving versus Virginia was a Supreme Court case that struck down state laws banning interracial marriage in the United States. The plaintiffs in the case were Richard and Mildred Loving, a white man and a black woman whose marriage was deemed illegal according to Virginia

state law. With the help of the American Civil Liberties Union the ACOU, the Loving's appealed to the US Supreme Court, which ruled unanimously that so called anti missagenation statutes were unconstitutional under the Fourteenth Demendment. Decision is often cited as a watershed moment in the dismantling of Jim Crow race laws. So what is missagenation? Loving case was a challenge to centuries of centuries of American laws banning misagenation, i e.

Any marriage or interbreeding among different races. Restrictions on missagenation existed as early as the colonial era, and of the fifty US states, all but nine states had a law against the practice at some point in their history. Early attempts to dispute race based marriage bans and court met

with little success. One of the first and most noteworthy cases what was eighteen eighty three's Paced versus Alabama, in which the US Supreme Court ruled that in Alabama antime missagenation law was unconstitutional because it punished black people and white people equally. In eighteen eighty eight, meanwhile, the High Court ruled that the states had the authority to regulate marriage.

By the nineteen fifties, more than half the states in the Union, including every state in the South, still had laws restricting marriage by racial classifications, and Virginia into racial marriage was illegal under nineteen twenty four's Racial Integrity Act, while those who violated the law risked anywhere from one to five years in a state penitentiary. All right. The central figures in Loving versus Virginia were Richard Loving and Mildred Jeter, a couple from the town of Central Point

in Caroline County, Virginia. Richard a white construction worker, and Mildred a woman of mixed Black and Native American ancestry. The longtime friends who fallen in love in June of nineteen fifty eight. They exchanged wedding vows in Washington, d C. Where interracial marriage was legal, and then return home to Virginia. On July eleventh, nineteen fifty eight, just five weeks after their wedding, Lovings were woken in their bed at about

two am and arrested by the local sheriff. Richard and Mildred were indicted on charges of violating Virginia's anti misagination law, which deemed interracial marriages of felony. When the couple pleaded guilty the following year, Judge Leon M. Zile sentenced them to one year in prison, but suspended the sentence on the condition that they would leave Virginia and not return

together for a period of twenty five years. Following their court case, the Lovings were forced to leave Virginia and relocate to Washington, d C. The couple lived in exile, the nation's capital, for several years, and raised three children, sons Sydney and Donald, and a daughter, Peggy, but they longed to return to the hometown. In nineteen sixty three, a desperate Mildred Loving wrote a letter to US Attorney

General Robert F. Kennedy asking for assistance. Kennedy referred the Lovings to the ACLU, which agreed to take their case. The Lovings being their legal battle. In November nineteen sixty three, with the aid of Bernard Cohen and Philip Hirshkopp, two ACLU young lawyers, the couple filed the motion asking for Judge Basil to vacate their conviction and set aside their sentences,

and Basil refused. Cohen and Herkshop took the case to the Virginia Supreme Court of Appeals, which upheld the original ruling. Following another appeal, the case made its way to the United States Supreme Court in nineteen sixty seven, and Supreme Court announced its ruling and Loving versus Virginia on June twelfth, nineteen sixty seven, in a unanimous decision that justice is found in Virginia's interracial marriage law was in violation of

the Fourteenth Amendment to the US Constitution. These people are the reason why you can now marry whoever you want.

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