BLACK HISTORY MONTH: The Legacy of Loving v. Virginia

Imagine this – you fall in love with someone, decide to get married, and then are told by the government that your marriage is illegal. That was the reality for Richard and Mildred Loving. However, this brave couple decided to fight back, and as a result of their determination, the Supreme Court made one of its most important decisions of all time.

The Supreme Court case Loving v. Virginia (1967) struck down laws banning interracial marriage, ensuring that love, and not race, determines who we can marry. This landmark case continues to shape family law even today.

Richard Loving was a white man, and Mildred Jeter was Black and Native American. They lived in Virginia, where strict laws prohibited interracial marriage. So, the couple traveled to Washington, DC, where their marriage was legal, and returned home with the belief that they could live as husband and wife. However, Virginia’s Racial Integrity Act of 1924 made their marriage illegal.

Soon after their wedding, the Lovings were arrested in the middle of the night, and a judge sentenced them each to a year in prison. However, he agreed to suspend the sentence if the couple left Virginia and did not return together for 25 years. The Lovings were now forced into exile and moved to Washington, DC, but wanted to go back home.

Mildred Loving wrote to then-Attorney General Robert F. Kennedy, who directed her to the American Civil Liberties Union (ACLU). Lawyers Bernard Cohen and Philip Hirschkop took their case all the way to the Supreme Court, arguing that Virginia’s law violated the Equal Protection Clause of the Fourteenth Amendment.

On June 12, 1967, the Supreme Court ruled unanimously in favor of the Lovings. Chief Justice Earl Warren, writing for the Court, stated, “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.”

The Court also struck down anti-miscegenation laws in 16 states, making it clear that bans on interracial marriage were unconstitutional. Loving v. Virginia wasn’t just a victory for one couple – it was a victory for all Americans who believed in the right to love freely.

How Loving v. Virginia changed family law

The decision in Loving v. Virginia set some legal precedents that still influence family law today.

First, the ruling reinforced that marriage is a fundamental right, meaning that states can’t deny it based on arbitrary factors like race. This principle became important in later cases, including Obergefell v. Hodges (2015), which legalized same-sex marriage.

Before the Loving case, many states dictated whom people could marry based on their race. Loving v. Virginia limited government power over intimate relationships, shifting the focus from state authority to individual rights.

Beyond marriage, the case also helped dismantle racist legal structures. Loving v. Virginia strengthened the civil rights movement, demonstrating that laws based on racial discrimination could be challenged and overturned.

Thanks to Loving, interracial couples no longer have to fear legal consequences for their marriages. In fact, today, one in six newlyweds in the United States is in an interracial or interethnic marriage, showing how far we’ve come.

Loving v. Virginia’s ongoing impacts

Even though Loving v. Virginia settled the question of interracial marriage, debates over marriage rights still exist. The case laid the foundation for Obergefell v. Hodges, where the Supreme Court used the same principles to legalize same-sex marriage. Both cases emphasize that marriage is a personal decision and not one for the government to restrict based on prejudice.

Further, the Loving decision remains a powerful symbol for families of all backgrounds. Loving Day is celebrated on June 12 of every year, honoring the case’s legacy and promoting support for interracial relationships, unity, and love.

Here at McCabe Russell, we understand that every family is different and unique. The Loving case sets an important reminder that love should never be restricted by law. If you need legal guidance about marriage, divorce, or any other family matters, our experienced attorneys are here to help. Remember, love – and family – should always be protected. Contact us today for a confidential consultation by calling our offices or reaching out to us through our contact form. We maintain offices in Bethesda, Columbia, Fulton, and Rockville.