TIH: 1967, Loving v. Virginia

"Loving v. Virginia, 388 U.S. (1967), was a landmark case in which a unanimous Supreme Court held that Virginia's  anti-miscegenation statute was unconstitutional. The Court overruled Pace v. Alabama (1883).  According to Wikipedia:





"The U.S. Supreme Court overturned the convictions in a unanimous
decision (dated June 12, 1967), dismissing the Commonwealth of
Virginia's argument that a law forbidding both white and black persons
from marrying persons of another race, and providing identical penalties
to white and black violators, could not be construed as racially
discriminatory. The court ruled that Virginia's anti-miscegenation
statute violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. In its decision, the court wrote:









Marriage is
one of the "basic civil rights of man," fundamental to our very
existence and survival.... To deny this fundamental freedom on so
unsupportable a basis as the racial classifications embodied in these
statutes, classifications so directly subversive of the principle of
equality at the heart of the Fourteenth Amendment, is surely to deprive
all the State's citizens of liberty without due process of law. The
Fourteenth Amendment requires that the freedom of choice to marry not be
restricted by invidious racial discrimination. 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.

The Supreme Court concluded that anti-miscegenation laws were racist and had been enacted to perpetuate white supremacy:









There is
patently no legitimate overriding purpose independent of invidious
racial discrimination which justifies this classification. The fact that
Virginia prohibits only interracial marriages involving white persons
demonstrates that the racial classifications must stand on their own
justification, as measures designed to maintain White Supremacy.

Despite this Supreme Court ruling, such laws remained on the books, although unenforceable, in several states until 2000, when Alabama became the last state to repeal its law against mixed-race marriage"





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