40 years of Loving — the changes we see


1968 propelled history in dramatic fashion, much of it tragic. History teachers might await the 40th anniversary stories of 1968’s events, knowing that the newspapers and television specials will provide much richer material than any textbook could hope for.

Was 1967 less momentous? Perhaps. But an anniversary this week only serves to highlight how the entire decade was a series of turning points for the United States. This week marks the 40th anniversary of the Supreme Court’s issuing the decision in Loving v. Virginia. The Lovings had been arrested, convicted and exiled from the state of Virginia for the crime of — brace yourself — getting married.

Richard and Mildred Loving, Bettman-Corbis Archive

Photo of Richard and Mildred Loving from Bettman-Corbis Archive.

You see, Virginia in those days prohibited marriage between a black person and a white person. So did 15 other states. In language that is quaint and archaic to all but Biblical literalist creationists, the trial judge said:

“Almighty God created the races white, black, yellow, malay 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 appealed their conviction. They appealed to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court of the United States struck down laws that prohibit a person of one “race” from marrying a person of another. (I put “race” in quotes because, as we have since learned from DNA studies, there is just one race among us, the human race. Science verifies that the Supreme Court got it right, as did the Americans before them who wrote the laws upon which the Supreme Court’s decision was based.)

From 1958 to 1967 — nine years the case wended through the courts. Oral argument was had on April 10 — the decision coming down in just two months seems dramatically quick by today’s standards. This was one of the cases that angered so many Americans against the Court presided over by Chief Justice Earl Warren.

Ed Brayton at Dispatches from Culture Wars points to a statement from Mildred Loving on this anniversary. The statement is below the fold.

Loving for All

By Mildred Loving*

Prepared for Delivery on June 12, 2007,
The 40th Anniversary of the Loving vs. Virginia Announcement

When my late husband, Richard, and I got married in Washington, DC in 1958, it wasn’t to make a political statement or start a fight. We were in love, and we wanted to be married.

We didn’t get married in Washington because we wanted to marry there. We did it there because the government wouldn’t allow us to marry back home in Virginia where we grew up, where we met, where we fell in love, and where we wanted to be together and build our family. You see, I am a woman of color and Richard was white, and at that time people believed it was okay to keep us from marrying because of their ideas of who should marry whom.

When Richard and I came back to our home in Virginia, happily married, we had no intention of battling over the law. We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is?

Not long after our wedding, we were awakened in the middle of the night in our own bedroom by deputy sheriffs and actually arrested for the “crime” of marrying the wrong kind of person. Our marriage certificate was hanging on the wall above the bed. The state prosecuted Richard and me, and after we were found guilty, the judge declared: “Almighty God created the races white, black, yellow, malay 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.” He sentenced us to a year in prison, but offered to suspend the sentence if we left our home in Virginia for 25 years exile.

We left, and got a lawyer. Richard and I had to fight, but still were not fighting for a cause. We were fighting for our love.

Though it turned out we had to fight, happily Richard and I didn’t have to fight alone. Thanks to groups like the ACLU and the NAACP Legal Defense & Education Fund, and so many good people around the country willing to speak up, we took our case for the freedom to marry all the way to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court ruled unanimously that, “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,” a “basic civil right.”

My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights.

I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.

  • * Together with her husband, Richard Loving, Mildred Loving was a plaintiff in the historic Supreme Court Loving v. Virginia, decided 40 years ago June 12, striking down race restrictions on the freedom to marry and advancing racial justice and marriage equality in America.

[Richard Loving died in an auto accident in 1975. Mrs. Loving did not remarry, and today lives in the house Mr. Loving built for them, still.] [Update, 2015: Mrs. Loving died in 2008; see tribute here.[

Additional sources for teachers:

8 Responses to 40 years of Loving — the changes we see

  1. […] See the post from last year on the anniversary of the decision. The Associated Press wrote today: Peggy Fortune [daughter] said Loving, 68, died Friday at her home in rural Milford. She did not disclose the cause of death. […]

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  2. […] in civil rights: 40th anniversary of Loving case This post is taken entirely from Millard Fillmore’s Bathtub, with permission, as it originally appeared, June 15, […]

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  3. […] Loving wurde 1975 bei einem Autounfall getötet, Mildred Loving sprach sich 2007 anlässlich des 40. Jahrestages der Entscheidung im Fall Loving v. Virginia (siehe dazu auch hier) für das Recht aller heiraten zu können aus – unabhängig von […]

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  4. […] See the post from last year on the anniversary of the decision.  The Associated Press wrote today: […]

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  5. Lorenzo says:

    What are the Loving children doing today?

    Like

  6. Sarah says:

    Thank you for including this very important piece of American history here. I appreciate all of the references that you include about the Lovings and this case. Their story means a lot to me personally. Thank you also for posting Mildred Loving’s words. As a society, we have a long way to go, even after forty years.

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  7. bernarda says:

    Here is another related case, Jack Johnson.

    http://www.sodomylaws.org/jackjohnson/jackjohnson.htm

    Ken Burns has a film about him. There are even lesson plans at the site.

    http://www.pbs.org/unforgivableblackness/

    Like

  8. bernarda says:

    Another example of community standards in the South.

    http://www.huffingtonpost.com/huff-wires/20070615/lynching-justice/

    “Newly released files from the lynching of two black couples more than 60 years ago contain a disturbing revelation: The FBI investigated suspicions that a three-term governor of Georgia sanctioned the murders to sway rural white voters during a tough election campaign.

    The 3,725 pages obtained by The Associated Press under the Freedom of Information Act do not make conclusions about the still-unsolved killings at Moore’s Ford Bridge. But they raise the possibility that Eugene Talmadge’s politics may have been a factor when a white mob dragged the four from a car, tied them to a tree and opened fire.

    “I’m not surprised … historians over the years have concluded the violently racist tone of his 1946 campaign may have been indirectly responsible for the violence that came at Moore’s Ford,” said Robert Pratt, a University of Georgia history professor who has studied the case. “It’s fair to say he’s one of the most virulently racist governors the state has ever had.””

    The “reasons” for this lynching?

    “The lynchings of Roger and Dorothy Malcom, and George and Mae Murray Dorsey on July 25, 1946, came eight days after the election and followed weeks of simmering tensions.

    There were rumors that George Dorsey, an Army veteran, had secretly been dating a white woman _ a taboo in the segregated South. And the town’s white establishment was enraged with Roger Malcom, who was imprisoned after stabbing white farmer Barney Hester.

    Malcom was waiting in jail when white farmer Loy Harrison paid $600 to bail him out.”

    Like

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