Case Briefs- Civil and Constitutional Law Part 1

Case Briefs Civil and Constitutional Law Part 1

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Unformatted text preview: ). When they returned to Virginia, they were arrested and charged with violating the Racial Integrity Act, which banned interracial marriages. o The Lovings argued that there was no compelling State reason to deny a marriage license to persons of opposite race, but to allow a marriage license to member of the same race. o Technically, the law only barred people from marrying whites. It allowed other combos (e.g. a black person could marry an Asian person). Oddly, there was also an exception for people who could prove they were direct descendants of Pocohontas. The Trial Court found the Lovings guilty and they were sentenced to one year in prison, suspended if they left Virginia. The Lovings appealed and started a class action suit. o The Trial Court found that, "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." Except for descendents of Pocohontas apparently. The Virginia Supreme Court affirmed the constitutionality of the law. The Lovings appealed. o The Virginia Supreme Court found that the law did not violate the Equal Protection Clause because both the white and the non- white spouse were punished equally for the "crime" of "miscegenation." o The Court found that there was a compelling State reason to preserve the racial integrity o...
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This document was uploaded on 03/06/2014 for the course POLISCI 122 at Stanford.

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