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Today's Top News
Mildred Loving, Who Fought Marriage Ban, Dies
Mildred Loving, a black woman whose anger over being banished from Virginia for marrying a white man led to a landmark Supreme Court ruling overturning state miscegenation laws, died on May 2 at her home in Central Point, Va. She was 68.
Peggy Fortune, her daughter, said the cause was pneumonia.
The Supreme Court ruling, in 1967, struck down the last group of segregation laws to remain on the books - those requiring separation of the races in marriage. The ruling was unanimous, its opinion written by Chief Justice Earl Warren, who in 1954 wrote the court's opinion in Brown v. Board of Education, declaring segregated public schools unconstitutional.
In Loving v. Virginia, Warren wrote that miscegenation laws violated the Constitution's equal protection clause. "We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race," he said.
By their own widely reported accounts, Mrs. Loving and her husband, Richard, were in bed in their modest house in Central Point in the early morning of July 11, 1958, five weeks after their wedding, when the county sheriff and two deputies, acting on an anonymous tip, burst into their bedroom and shined flashlights in their eyes. A threatening voice demanded, "Who is this woman you're sleeping with?"
Mrs. Loving answered, "I'm his wife."
Mr. Loving pointed to the couple's marriage certificate hung on the bedroom wall. The sheriff responded, "That's no good here."
The certificate was from Washington, D.C., and under Virginia law, a marriage between people of different races performed outside Virginia was as invalid as one done in Virginia. At the time, it was one of 16 states that barred marriages between races.
After Mr. Loving spent a night in jail and his wife several more, the couple pleaded guilty to violating the Virginia law, the Racial Integrity Act. Under a plea bargain, their one-year prison sentences were suspended on the condition that they leave Virginia and not return together or at the same time for 25 years.
Judge Leon M. Bazile, in language Chief Justice Warren would recall, said that if God had meant for whites and blacks to mix, he would have not placed them on different continents. Judge Bazile reminded the defendants that "as long as you live you will be known as a felon."
They paid court fees of $36.29 each, moved to Washington and had three children. They returned home occasionally, never together. But times were tough financially, and the Lovings missed family, friends and their easy country lifestyle in the rolling Virginia hills.
By 1963, Mrs. Loving could stand the ostracism no longer. Inspired by the civil rights movement and its march on Washington, she wrote Attorney General Robert F. Kennedy and asked for help. He wrote her back, and referred her to the American Civil Liberties Union.
The A.C.L.U. took the case. Its lawyers, Bernard S. Cohen and Philip J. Hirschkop, faced an immediate problem: the Lovings had pleaded guilty and had no right to appeal. So they asked Judge Bazile to set aside his original verdict. When he refused, they appealed. The Virginia Supreme Court of Appeals upheld the lower court, and the case went to the United States Supreme Court.
Mr. Cohen recounted telling Mr. Loving about various legal theories applying to the case. Mr. Loving replied, "Mr. Cohen, tell the court I love my wife, and it is just unfair that I can't live with her in Virginia."
Mildred Delores Jeter's family had lived in Caroline County, Va., for generations, as had the family of Richard Perry Loving. The area was known for friendly relations between races, even though marriages were forbidden. Many people were visibly of mixed race, with Ebony magazine reporting in 1967 that black "youngsters easily passed for white in neighboring towns."
Mildred's mother was part Rappahannock Indian, and her father was part Cherokee. She preferred to think of herself as Indian rather than black.
Mildred and Richard began spending time together when he was a rugged-looking 17 and she was a skinny 11-year-old known as Bean. He attended an all-white high school for a year, and she reached 11th grade at an all-black school.
When Mildred became pregnant at 18, they decided to do what was elsewhere deemed the right thing and get married. They both said their initial motive was not to challenge Virginia law.
"We have thought about other people," Mr. Loving said in an interview with Life magazine in 1966, "but we are not doing it just because somebody had to do it and we wanted to be the ones. We are doing it for us."
In his classic study of segregation, "An American Dilemma," Gunnar Myrdal wrote that "the whole system of segregation and discrimination is designed to prevent eventual inbreeding of the races."
But miscegenation laws struck deeper than other segregation acts, and the theory behind them leads to chaos in other facets of law. This is because they make any affected marriage void from its inception. Thus, all children are illegitimate; spouses have no inheritance rights; and heirs cannot receive death benefits.
"When any society says that I cannot marry a certain person, that society has cut off a segment of my freedom," the Rev. Dr. Martin Luther King Jr. said in 1958.
Virginia's law had been on the books since 1662, adopted a year after Maryland enacted the first such statute. At one time or another, 38 states had miscegenation laws. State and federal courts consistently upheld the prohibitions, until 1948, when the California Supreme Court overturned California's law.
Though the Supreme Court's 1967 decision in the Loving case struck down miscegenation laws, Southern states were sometimes slow to change their constitutions; Alabama became the last state to do so, in 2000.
Mr. Loving died in a car accident in 1975, and the Lovings' son Donald died in 2000. In addition to her daughter, Peggy Fortune, who lives in Milford, Va., Mrs. Loving is survived by her son, Sidney, of Tappahannock, Va.; eight grandchildren; and 11 great-grandchildren.
Mrs. Loving stopped giving interviews, but last year issued a statement on the 40th anniversary of the announcement of the Supreme Court ruling, urging that gay men and lesbians be allowed to marry.
© 2008 The New York Times
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6 Comments so far
Show AllYou can always change the law but you can't always change a person's mind. To do that you have to be consistent, and honest. Something sadly lacking in our empire today.
Hoa binh
A bit of Svend Robinson's speech on marriage from Tuesday, September 16, 2003:
My colleague from Brandon—Souris spoke eloquently about his marriage of 31 years. A couple of weeks ago there was a demonstration of about 200 people outside my office and I know outside many offices of members of Parliament. I spoke to those folks who had deeply held views, deeply religious views. I asked those who were married to put up their hands and many of them did. I asked those who raised their hands to tell me if their marriages would be any less strong, any less committed, any less loving, if I were able to celebrate the joy and the love of my partnership with my partner Max through marriage. I asked if it would it weaken their marriages? I would ask my friend from Saint John if her marriage with her husband Richard of so many years would be in any way diminished by allowing me to celebrate my relationship with my partner Max. I said, "Put up your hands if you believe that" and no one did. We know that it would not happen.
For us, as gay and lesbian people, this debate is not just a political debate. It is an intensely personal debate as well because we are talking about our lives, about my life, about my partner and about my ability as a citizen of this country to enjoy equal status. That goes to the core of the values which I believe we should be fighting for as Canadians.
Our relationship of a little over nine years is just as strong, just as loving, just as committed as any other relationship. In fact it was a life-sustaining relationship for me, following a near fatal accident. It kept me alive. If Max and I should choose to celebrate our love through marriage, why should that be denied us, or any other gay and lesbian couple in Canada today?
I have had the privilege of witnessing a number of marriages since they became legal in Canada and it is a very moving thing for me. In Toronto two men who had been together for 31 years, the same number of years as my friend from Brandon, said after the celebration of their marriage in front of their families and their friends that it was the first time in their 31 years that they felt truly equal in their own country. I celebrate that and I honour them.
As New Democrats we say that this is an issue of fundamental human rights. I want to particularly pay tribute to my colleagues, members like the member for Vancouver East who spoke out so courageously during the debate on my private member's bill in October of 2001, the member for Regina--Qu'Appelle who seconded my motion in 1981 to include sexual orientation in the Charter of Rights, the member for Palliser who spoke out with passion, with conviction and with courage at a demonstration outside his office for equality and dignity and yes, my leader Jack Layton who has said that for him this is a fundamental issue of justice and human rights, who at his own marriage to his partner, his wife, Olivia Chow, lamented the fact that his gay and lesbian friends were not able to celebrate their marriages, and who has talked of witnessing the tremendous love and bonds of gay men in the epidemic of AIDS.
It was only in 1967 in the United States that laws prohibiting interracial marriage were struck down. When some Canadians say that marriage is immutable, that it has not changed, I would remind them that in fact there have been significant changes.
Yes, of course we protect and we honour religious freedom. One of the essential elements of the government's draft legislation is to ensure that no one is required in any way to solemnize a marriage that does not respect their religious values. Indeed the Ontario Court of Appeals has said that freedom of religion ensures that religious groups have the option of refusing to solemnize same sex marriages. The equality guarantee, however, ensures that the beliefs and practices of various religious groups are not imposed upon persons who do not share those views.
Equality for gay and lesbian couples and respect for religious freedom is what this is about. The motion before the House today would override those fundamental principles, and I call on members of the House to reject the motion.
http://www2.parl.gc.ca/housechamberbusiness/ChamberSittings.aspx?View=H&Key=2003&Language=E&Mode=1&Parl=37&Ses=2
Thanks, Mildred, for securing my right to marry the woman I love.
It's truly sad that so many African Americans are so steadfast against gay marriage...
But the same clause in the constitution that gave her the right will give it to us.
You can't have a marraige contract in Mass. but not in NY... The constitution is clear and we will win on the same grounds they did. Imagine if other state contracts were limited by state... They are just foolish to think this will not ultimatly be repealed...
Of course you can go on selfishly voting for Nader and McKinney, or not voting at all, and that will put us back some years, or you can show some political willpower and vote for Obama.
May Mr. and Mrs. Loving rest in peace. Their challenge to the system changed lots of lives for the better.
The past never fails to amaze and alarm. May they rest in the peace they so richly deserve.