Mildred Jeter, a black and native woman, and Richard Loving, a white man, were arrested the morning of July 11th 1958 for violating the "Virginia Racial Integrity act of 1924" which was the law preventing interracial marriage
After being forced to move away from Virginia for 25 years, they got married where interracial marriage was legal and started their family. They were arrested again when traveling in Virginia to visit family. This is when Mildred had enough and decided to take this to court
Lawyers Hirschkop and Cohen were assigned to Mrs Loving by the attorney general after receiving a letter from her, and they took the appeal all the way up to the Supreme Court. They issued a Writ of Certiorari and looked at the previous information from the lower courts
Oral Arguments1967
Amicus Curiae BriefsWilliam M. Marutani spoke for the Japanese American Citizens league and urged reversal of the marriage ban
That directly violates the rights given by the constitution. No state will have the right revoke the privileges of being a citizen, which includes marriage. This is protected by the Constitution and you cannot violate that
The laws of marriage should be decided by the states, not the federal government. We deserve to have the right to prevent race mixing. If we apply it both to the blacks and whites, then it's not discrimination
9-0
The entire court was in complete agreement to get rid of the marriage ban and overturned the lower courts sentence. The opinion fo the court was that the Virginia state law violated the 14th amendment and the ban should be revoked.
Although there was no dissenting opinion, Potter Stewarts had the only concurring opinion that not only did it violate the 14th amendment, but it shouldn't have never been a law in the first place because the crime depended on the persons race
This case is a landmark case because not only did it help with abolishing the Jim Crow laws, revoking the ban in many other states, It also helped with the future Obergefell v. Hodges or the same sex marriage case
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