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They were told the certificate was not valid in the Commonwealth.The Lovings were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified miscegenation as a felony, punishable by a prison sentence of between one and five years.S., and is remembered annually on Loving Day, June 12. federal court decisions holding restrictions on same-sex marriage in the United States unconstitutional, including in the 2015 Supreme Court decision Obergefell v. In the Reconstruction Era in 1865, the Black Codes across the seven states of the lower South made intermarriage illegal.It has been the subject of several songs and three movies, including the 2016 film Loving. The new Republican legislatures in six states repealed the restrictive laws.Defendants convicted, Caroline County Circuit Court (January 6, 1959); motion to vacate judgment denied, Caroline County Circuit Court (January 22, 1959); affirmed in part, reversed and remanded, 147 S. The Supreme Court's unanimous decision determined that this prohibition was unconstitutional, overruling Pace v.
On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the Virginia Supreme Court. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes.Echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, the local court wrote: 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.Naim (1955) and argued that the Lovings' case was not a violation of the Equal Protection Clause because both the white and the non-white spouse were punished equally for the crime of miscegenation, an argument similar to that made by the United States Supreme Court in 1883 in Pace v. The Lovings, still supported by the ACLU, appealed the decision to the United States Supreme Court, where Virginia was represented by Robert Mc Ilwaine of the state's attorney general's office.The Lovings did not attend the oral arguments in Washington, but one of their lawyers, Bernard S.