June 12, 1967: Loving v. Virginia

June usually marks the end of the Supreme Court’s term; it’s when the Robes hand down their biggest decisions. This year, we’re awaiting the verdict on the constitutional right to same-sex marriage.

On this day in 1967, the Supreme Court, in Loving v. Virginia, struck down bans on interracial marriage, saying they violated the Equal Protection Clause in the Fourteenth Amendment. Supporters of same-sex marriage (and federal rulings in favor of it) have often cited this decision.

The Racial Act of 1924 was an anti-miscegenation statute prohibiting interracial unions in Virginia. The “white” Richard Loving and the “colored” Mildred Jeter were residents of the state, and in 1958 went to D.C. to be married.

An anonymous tip brought their marriage to the attention of Virginia officials. The couple pleaded guilty in 1959 and were sentenced to one year in prison, commuted to a 25-year ban from entering the state.

In 1964, Mildred wrote a letter to Robert F. Kennedy about the family’s plight. The Attorney General put her in touch with the American Civil Liberties Union, who filed a suit against the state.

When it reached the Supreme Court, the decision was 9-0 in favor of Loving. Chief Justice Earl Warren wrote:

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.

By its decision, the court nullified anti-miscegenation laws in 17 states. It also overturned the precedent established by Pace v. Alabama (1883). That decision said bans on interracial couples did not violate the Fourteenth Amendment, because both races involved are punished equally.

For more on Loving v. Virginia, listen to this All Things Considered segment.

Image: Bettman/Corbis via The New York Times