Tuesday, August 31, 2010

Do You Know Your Constitutional History?

I figured I'd take a quick pause in the photos for a bit of Constitutional history from our friends at Wikipedia. Isn't the Internet wonderful?

Did you know that inter-racial marriage used to be prohibited in the United States and was only fully legalized in 1967? Inter-racial marriage was referred to as miscegenation. The anti-misceganation laws were finally eliminated by the U.S. Supreme Court in 1967 in the Loving v. Virginia case, where the U.S. Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore unconstitutional.

As per Wikipedia (note clickable link to the Wikipedia page and excerpt below):

Loving v. Virginia, 388 U.S. 1 (1967)[1], was a landmark civil rights case in which the United States Supreme Court, by a 9-0 vote, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States."

The history of the case prior to the Supreme Court Case is as follows. "In 1958, Richard and Mildred Loving had married in Washington, D.C. to evade Virginia's anti-miscegenation law (the Racial Integrity Act). Having returned to Virginia, they were arrested in their bedroom for living together as an interracial couple. The judge suspended their sentence on the condition that the Lovings would leave Virginia and not return for 25 years. In 1963, the Lovings, who had moved to Washington, D.C, decided to appeal this judgment. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, refused to reconsider his decision. Instead, he defended racial segregation, writing:

"Almighty God created the races white, black, yellow, and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix."

The Lovings then took their case to the Supreme Court of Virginia, which invalidated the original sentence but upheld the state's Racial Integrity Act. Finally, the Lovings turned to the U.S Supreme Court. The court, which had previously avoided taking miscegenation cases, agreed to hear an appeal. In 1967, 84 years after Pace v. Alabama in 1883, the Supreme Court ruled unanimously in Loving v. Virginia that:

"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 discriminations. Under our Constitution, the freedom to marry, or not to marry, a person of another race resides with the individual and cannot be infringed by the State."

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