40th Anniversary of Loving v. Virginia. Loving Indeed!

NPR had this important report on a key anniversary today. I strongly recommend it. It begins:

This week marks the 40th anniversary of a seminal moment in the civil rights movement: the legalization of interracial marriage. But the couple at the heart of the landmark Supreme Court case of Loving v. Virginia never intended to be in the spotlight. On June 12, 1967, the nation’s highest court voted unanimously to overturn the conviction of Richard and Mildred Loving, a young interracial couple from rural Caroline County, Va.

Here are a couple of passages from that Loving decision, with clear implications for marriage debates today:

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 Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth 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. . . . 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.

This country can change when people of principle make key decisions. This was the greatest rights court in US history, operating in the late 1960s. Soon Nixon began its destruction. Would the current court’s right-wing majority have decided it the same way?


  1. Blaque Swan

    Yeah, uh, probably not. It’s probably something that should be decided by the states.

    Unless, of course, we were talking about interracial corporations wanting to marry. Then I can see them going for it.

Leave a Reply