Case1, Loving V. Virginia

Case1, Loving V. Virginia - are based upon scientific...

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Vivi Hsu Bus 200 Loving v. Commonwealth of Virginia Case Briefing Fact: In June 1985, two residents of Virginia, a Negro woman and a white man got married in the District of Columbia pursuant to its law. Later on the Lovings returned to Virginia and were pleaded guilty by the Circuit Court of Caroline County, Virginia. Issue: Whether the state law adopted by the State of Virginia to prevent interracial marriages that solely on the basis of racial classification violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment. Decision: Reversed. Reasoning: The State of Virginia argued that marriage traditionally has been subject to state regulation without federal intervention and justified its miscegenation statutes
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Unformatted text preview: are based upon scientific reason to prevent “the corruption of blood”. Virginia also argued about the meaning of Equal Protection is that the punishment for interracial marriage are the same to the Negro as to the White. However, there might be no question that marriage is subject to the state policy, but the States have violated the central meaning of Equal Protection Clause by restricting the freedom to marry solely because of racial classification. These statutes also deprived the Lovings of liberty without due process of law of the Due Process Clause of the Fourteenth Amendment. Under our Constitution, the freedom to marry resides with the individual and cannot be infringed by the States....
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This note was uploaded on 02/23/2009 for the course BUSINESS 210 taught by Professor Tennyson during the Spring '07 term at Seattle University.

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