Analysis Of Loving V. Virginia

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The movie Loving is based off of the court case Loving v. Virginia. Even after the Civil Rights act of 1964 that outlawed discrimination based on race, origin, and religion, had not yet edified the question of marriage. States, such as Virginia, still imposed a ban on interracial marriages. The charges against the protagonists, Mildred and Richard Loving, spiked my interest because of the enhanced step taken by society as was taken in modern times during the same-sex marriage case Obergefell v. Hodges. The court during the twentieth century was forced to question our evolving standards of decency and define our Constitutional rights given to us by Equal Protection and Due Process laws of the fifth and fourteenth amendment. The prosecution in Loving v. Virginia had to display their reasoning for their holding by under the levels of scrutiny in the Equal Protection Clause. The defense had to prove there was inconsistent levels of scrutiny, a lack of compelling governmental interest, and that marriage was a fundamental right. Once proven, the institution of marriage, licensing, and recognition of interracial couples was Constitutionally protected.
II. Plot Line: In 1958 Virginia residents Mildred Jeter and Richard Loving, a white man and black woman, traveled to Washington D.C. and obtained a marriage license. Upon returning to Virginia the Lovings established a homestead in Caroline County. That same year, the county issued an indictment against the Lovings for
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