Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

May 17, 2022 | SCOTUS Wraps Up Oral Arguments for the Term

Loving v. Virginia: The Supreme Court’s Last Blockbuster Marriage Decision

As the Supreme Court prepares to consider the legality of same-sex unions, it is important to look back at the Court’s last blockbuster decision on marriage. In Loving v. Virginia, the Supreme Court ruled that laws prohibiting interracial marriage violated the Constitution’s Equal Protection guarantees.

In some respects, today’s marriage cases bare a striking resemblance. At the time Loving v. Virginia was decided, the states could not agree on whether interracial marriage should be legal, as 16 states still prohibited marriage between blacks and whites. Public opinion was also still not squarely behind the unions, with 70 percent of Americans opposing them.

The Facts of the Case

In June of 1958, two residents of Virginia, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. Upon returning to Virginia, they were charged with violating the state’s ban on interracial marriages. The Lovings pleaded guilty to the charge, and were sentenced to one year in jail; however, the trial judge suspended the sentence provided that the couple leave the state of Virginia.

After leaving Virginia, the couple appealed their conviction, arguing that Virginia’s antimiscegenation law was unconstitutional. The case ultimately made it to the Supreme Court.

The Supreme Court’s Decision

The Supreme Court concluded that Virginia’s statutory scheme to prevent marriages between persons solely on the basis of racial classifications violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. “Under our Constitution,” Chief Justice Earl Warren wrote for the majority, “the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.”

As the justices further explained, “There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy. We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race. There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.”

As the Supreme Court prepares to take on another controversial case regarding the right to marry, it will be interesting to see what role, if any, the Court’s decision in Loving will play.

Previous Articles

SCOTUS Wraps Up Oral Arguments for the Term
by DONALD SCARINCI on May 17, 2022

The U.S. Supreme Court has concluded its oral arguments for the October 2021 Term. The justices hea...

Read More
SCOTUS Rules Censure of Elected Board Member Didn’t Violate First Amendment
by DONALD SCARINCI on May 10, 2022

In Houston Community College System v. Wilson, 595 U.S. ____ (2022), the U.S. Supreme Court held th...

Read More
Supreme Court Breach Is Not the First Involving Roe v. Wade
by DONALD SCARINCI on

The recent disclosure of Justice Samuel Alito’s decision purporting to overturn Roe v. Wade is ar...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Ketanji Brown Jackson to Join SCOTUS as First Black Female Justice
  • SCOTUS Rules Kentucky AG Can Defend Abortion Law
  • SCOTUS Rules FOIA Exception Applies to Environmental Opinion
  • SCOTUS Rules Students Have Standing to Bring Free Speech Suit

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards

con law awards

Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising