preview

What Is The Supreme Court Case Of Loving V. Virginia

Decent Essays

Loving v. Virginia
Loving versus Virginia is cased based on racial discrimination. A case is set in the 1950s where interracial marriages was still taboo. The state of Virginia had a law in place that made interracial marriages a felony. Which in turn Loving and his wife took their case to Supreme Court to seek justice for themselves and others, and their state’s law called into question. This case the Fourteenth Amendment was brought into play and the right to Equal Protection and Due Process clauses.
The basis of this case coming to the Supreme Court attention was because a white 23 year old male Richard Loving married a Negro 17 year old woman Mildred Jeter, who were both from Virginia, where in this state they had a law that marriages …show more content…

The fact of their cohabitation here as man and wife shall be evidence of their marriage. Also they used Punishment for marriage: If any white person intermarry with a colored person, or any colored person intermarry with a white person, he shall be guilty of a felony and shall be punished by confinement in the penitentiary for not less than one nor more than five years. The Supreme Court of Appeals of Virginia referred to 1965 case Naim v. Naim to make a decision to on if this case they had Loving v. Virginia was in the means of constitutional. In the court case Naim, the state court concluded that the State’s legitimate purposes were “to preserve the racial integrity of its citizen,” and to prevent “the corruptions of blood,” “a mongrel breed of citizens.” and “the obliteration of racial pride.” obviously an endorsement of the doctrine of White …show more content…

The statuses commanded a ration basis review, because the state could not say that this constitute invidious discrimination based on race. With distinct content the appellants rendered that Virginia’s miscegenation statuses arbitrary and unreasonable with assuming that the constitutional validity. The Supreme Court of Appeals of Virginia, Justice Potter Stewart (J. Stewart) made his argument that the law Virginia has enacted was not valid and with his fellow members ruled that the state of Virginia ban this law of interracial marriages a felony unconstitutional. Mr. Justice Stewart put it perfectly in his concurring opinion “ I have previously expressed the belief that “ it is simply not possible for a state law to be valid under our Constitution which makes the criminality of an act depend upon the race of the actor.” Because I adhere to that belief, I concur in the judgment of the

Get Access