Case Briefs- Civil and Constitutional Law Part 1

Some of the unsuccessful black applicants claimed

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: f its citizenry, prevent the "corruption of blood," avoid the creation of a "mongrel breed," and avoid the "obliteration of racial pride." The US Supreme Court reversed. o The US Supreme Court found that the Racial Integrity Act violated the Equal Protection Clause. The Court found that the stated reason was not compelling enough to justify the discriminatory law. The law didn't even do what it claimed since it only prevented whites from marrying other races, it did not stop other races from marrying each other. "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 14th Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The 14th Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State." o The Court found that the law violated the Due Process Clause, because it was an improper restriction on the freedom to marry, which had previously been recognized as a fundamental right. o The Court applied a strict scrutiny standard of review. Strict scrutiny is the level of review used when a fundamental constitutional right is infringed, or when the government action involves...
View Full Document

This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

Ask a homework question - tutors are online