Loving v. Virginia

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Loving v. Virginia, 388 U.S. 1, 18 L. Ed. 2d 1010, 87 S. Ct. 1817 (1967)

Appellants:

  • Mildred Jeter Loving
  • Richard Loving

Defendant:

  • State of Virginia


The Court's opinion was given by Chief Justice Earl Warren.

Facts of the Case

Issues Involved

The issues involved in this case include, but are not limited to:

  1. Does restricting the freedom to marry solely because of racial classifications violate the Equal Protection Clause?
  2. Does restricting the freedom to marry solely because of racial classifications deprive the couple of liberty without due process of law in violation of the Due Process Clause?

Decision

The Supreme Court overturned the State of Virginia Supreme Court of Appeal's decision to uphold the constitutionality of the antimiscegenation law.

Holding and Rationale of the Court

Restricting the freedom to marry solely based on racial classifications is a violation of the Equal Protection Clause and deprives the appellants of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment.

The rationale of the Court was:

  1. T

Additional Opinions

Concurring Opinions

Justice Stewart concurred with the Court's opinion citing "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."

Additional Links

The American Eugenics Movement

Eugenics and the Supreme Court

Case Summary from OYEZ