Tuesday, November 27, 2018

Loving 1967



On July 11, 1958 a couple of hours after midnight, Richard Loving a white man and Mildred Loving an African American woman were awakened to the presence of three officers in their bedroom. One of the three officers demanded from Richard to identify the woman next to him. Mildred, full of fear, told the officers that she was his wife, while Richard pointed to the marriage license on the wall. The couple was then charged and later found guilty in violation of the state's anti-miscegenation statute. In the late 50s police officers could walk into your house when you’re sleeping and see who you’re sleeping with??? The court also reasoned that marriage has traditionally been subject to state regulation without federal intervention, and consequently, the regulation of marriage should be left to exclusive state control by the Tenth Amendment. This was fortunately overturned by the Supreme Court after the case was revisited by Bernard Cohen and Phil Hirschkop finding that the states were actually violating the 14th amendment.

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