Loving Vs Virginia Summary

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Amicus Brief
Loving v. Virginia (1967)

Parties: Appellant is an individual challenging the constitutionality of Virginia’s state statute of the interracial marriage ban on the Equal Protection Clause of the Fourteenth Amendment. Appellee is the State Government of Virginia.

Facts: In 1958, an African-American woman, Mildred Jeter and a White man, Richard Loving, were married in District of Columbia. This couple was residents of Virginia, where it bans interracial marriage. The Lovings established their marital residence in the Caroline County once they returned to Virginia. In 1959, the Lovings were sentenced to one year in jail for violating Virginia’s ban interracial marriage. The trial judge agreed to suspend their jail sentence on the condition if they leave Virginia and not return to the state together for 25 years.

Procedural History: In 1963, the Lovings filed a motion in the state trial court to suspend the judgment since the statue violated the …show more content…
Arguments: Plaintiff is arguing the anti-miscegenation laws of Virginia violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Defendant contends miscegenation laws punish both the Whites and Blacks equally when they participate in interracial marriage. Defendant argues that miscegenation statutes do not violate the Equal Protection Clause of the Fourteenth Amendment due to the reliance on racial classification. Defendants argue the Thirty-ninth Congress at the time of the Fourteenth Amendment did not intend the Amendment to make unconstitutional state miscegenation laws.
Issue: Whether, Virginia’s anti-miscegenation statutes violates the Equal Protection and due process clause of the Fourteenth Amendment to the U.S. Constitution?

Holding: Yes, Virginia’s anti-miscegenation statues that ban interracial marriages violates the Equal Protection Clause and Due Process Clause of the Fourteenth
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