Premium Essay

Court Case: US Vs. V. Virginia

Submitted By
Words 533
Pages 3
LOVING ET UX. V. VIRGINIA
No. 395
381 U.S. 1 (1967)
Facts:
In June of 1958, appellants, Richard Loving, a white man, and Mildred Jeter Loving, a black woman, both residents of Virginia, got married in the District of Columbia. Shortly after, they returned to Caroline County Virginia and established a home together. At the 1958 October Term of the Caroline County Circuit Court in Virginia, the grand jury issued an indictment charging appellants with violating the State's ban on interracial marriages. They were arrested for cohabitating in an interracial relationship. Appellants pleaded guilty on January 6, 1959 and were sentenced to one year in jail. The trial judge suspended the sentence for a period of 25 years on the condition that appellants leave the State and not return to the State together for another 25 years.

Procedural History: …show more content…
The trial court was yet undecided by October 28, 1964, so the appellants filed a class action in the United States District Court for the Eastern District of Virginia requesting that a three-judge court be convened to declare the Virginia miscegenation statutes unconstitutional and to enjoin state officials from enforcing their convictions. On January 22, 1965, the state trial judge denied appellants' motion to vacate the sentences so the Lovings perfected an appeal to the Supreme Court of Appeals of Virginia. On February 11, 1965, the three-judge Federal District Court continued the case to allow appellants to present their constitutional claims to the State's highest

Similar Documents

Premium Essay

Taj Ullah Sky Lark Summary

...her PHD ED at Hampton University in Virginia and is a racial justice specialist/human rights activist who has been involved in many non profit boards throughout the years. Her article was published in The Journal of Pan African Studies, an online peer reviewed scholarly journal that focuses on building a transnational community. The journal’s main focus is also on the synthesis of research scholarship and African American experiences, thus it is meant to target audience who are interested in learning more about oppressed minorities. Taj’ullah Sky Lark’s main purpose of writing this article, is to give us an overview on important events that occurred to alter the direction of race conscious admission policies. Knowing the history will give us a better understanding of when and how affirmative action was...

Words: 692 - Pages: 3

Premium Essay

America Vs Virgina Case Study

...In the United States vs Virgina, Virginia Military Institute (VMI) had a long-standing tradition of male-only admission but, was being brought to attention. VMI was established in 1839 as a state supported/run institution, the institution was designed to Quote “produce citizen-soldiers who become leaders in both, military and civilian life”. This specific case started in the supreme court of Virgina when a female filed a case in the circuit court, but had ultimately failed for her with VMI getting the favorable ruling. The female argued that VMI denied her admission because of her gender, at that time nothing was yet proven.She later also stated that it also violated the 14 amendment of the united states constitution, with the evidence of the violation was considered by the circuit court it then sought approval for it to move to the supreme...

Words: 1444 - Pages: 6

Free Essay

Teacher

...Medrano Poli T/TH 2:00-3:15 pm September 23,2015 Loving Vs. Virginia The Loving vs. Virginia of 1969 is a case about how whites and blacks couldn’t have any relations with one another and it was against the Virginia law. The loving vs. Virginia took place in April 10th of 1967, when Richard Perry Loving And Lidred Jeter Loving felt that the state was violating the rights of couples marriage and their privacy. The Loving felt that it was also a violation of the 14th amendment of the pursuit of life, liberty and happiness. Due to this case of different races not being able to get married has affect our generation and community today by allowing those different races to get married with no problems. Our generation today has different men and women of all races that want to be together, by our country prohibiting something as such, it only creates problematic situations for our society. Yes the year 1969 and today has a huge difference in how the laws have changed but if nobody of the past has spoke up to their rights, it makes us wonder how life would be today. Thanks to this case, it has truly helped with our cultural acceptance in many ways, one being that races of all kinds have the privilege to marry one another and two by creating more peace in all races. If today we had a law that prohibited different racial marriage, we wouldn’t have such inner peace with each other. The way that the loving vs. Virginia case contributed to the national government was that in the united...

Words: 528 - Pages: 3

Premium Essay

Anti-Miscegenation Statutes in the United States

...Analyze and evaluate each case independently by providing the following (about two paragraphs per case): In 1948, Andrea Perez, a Mexican-American woman, and Sylvester Davis, an African-American man,filed a lawsuit against the Los Angeles County Clerk W.G. Sharp (Perez vs. Sharp, October 1, 1948).Earlier, they had sought a marriage license from the Los Angeles County Clerk’s Office but were denied such because Perez was racially classified as white and Davis as negro. “In this proceeding in mandamus, petitioners seek to compel the County Clerk of Los Angeles County to issue them a certificate of registry (Civ. Code, § 69a) and a license to marry. (Civ. Code, § 69.) In the application for a license, petitioner Andrea Perez states that she is a white person and petitioner Sylvester Davis that he is a Negro. Respondent refuses to issue the certificate and license, invoking Civil Code, section 69, which provides: ". . . no license may be issued authorizing the marriage of a white person with a Negro, mulatto, Mongolian or member of the Malay race." At the time, under California state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has...

Words: 2106 - Pages: 9

Premium Essay

Mgmt 520

...1. To: Teddy’s Supplies’ CEO From: Stephanie Oco, Consultant Subject: Review & potential liabilities resulting from Virginia Pollard’s claim. The CEO of Teddy’s Supplies regarding the case that has been brought against the company by former employee, Virginia Pollard, has requested this review. I will be reviewing the case to determine if Teddy’s has any liability issues and what specific facts are relevant. There are several factors that are at play that would make Teddy’s legally liable: 1. Virginia Pollard is claiming to be a victim of “gender based harassment” while being the only female employee holding a position within the warehouse department. The harassment, taunting and pranks played by fellow co-workers was not reported to her supervisor due to the fact that Mr. King, too participated and permeated the behavior. 2. Although, Ms. Pollard did not file a formal complaint against her co-workers or supervisor she may have felt threatened by the behavior of her direct supervisor Mr. King, when attempting to report the incidents he responded in a tone that was unprofessional in nature and quite frankly made statements that furthered the harassment and hostile environment. 3. The company is not safeguarded by it’s current sexual harassment policy and fails to provide employees with proper avenues to report sexual harassment, quid quo pro, or any conduct that creates a hostile work environment which in turn leaves the company severely liable to future...

Words: 1855 - Pages: 8

Premium Essay

Capital Punishment

...punishing people who have committed higher levels of crimes. Although capital punishment has been around for centuries, the first known case of the death penalty in the American colonies happened in the James town colony in 1608 when George Kendall was executed for spying for the Spanish (Green, Melissa S.,compiler. (1998-2009). Focus on the Death Penalty). Capital Punishment is a subject in the United States that was and still is very controversial. Many people want capital punishment to be abolished but on the other hand there are a handful of people who want capital punishment to end. The purpose of this study is to show why capital punishment should be abolished. Capital punishment needs to be abolished because there are way too many cases and executions. During the time span of the Revolutionary war, capital punishment was widely accepted. During this time 162 documented cases of capital punishment were recorded. In the nineteenth century, following that era, capital punishment had increased to 1,391 documented cases. As of April 1, 2008, there were a total of 1,099 people who received the death penalty. The State of Texas had the most cases of capital punishment with a number of 405 cases (Bureau of Justice Statistics 1-2). That is way too many cases just for one state. The States of New York, New Hampshire, New Jersey, and Kansas recorded zero cases of capital punishment. In today’s society, 38 out of the 50 states in the United States accept the capital punishment idea. In...

Words: 1632 - Pages: 7

Premium Essay

Guess Who's Coming to Dinner Now!

...usually defines acceptable marriage. When the need arises to change that norm, it takes an opinion-changing event to effect the views of society. In early 1967, the Supreme Court ruled in a landmark decision clearing the way for interracial marriage (Loving v. Virginia, 1967). As ground breaking as that decision was, it did very little to diminish the opinions of people who were strongly against interracial marriage. In an era where the struggle for civil rights was an ongoing occurrence, not only did the law against interracial marriage need to be changed, but also the way society viewed it. In an effort to shed light on the underlying whispers of secret societal snubbing of mixed marriages, the movie Guess Who’s Coming to Dinner (Columbia Pictures Corporation, 1967) was able to give our nation an opportunity to open a dialog. Today, we find a nation that is on the verge of repeating a similar course of action in the struggle for marriage equality. For the past few years, the fear, prejudice, and hostility against marriage equality for all, regardless of sexual orientation, have made its way into our national discussion. Several states have passed laws legalizing same-sex marriages and the Supreme Court will rule shortly on recent arguments for and against marriage equality, see United States v. Windsor (www.supremecourt.gov, n.d.). In this paper we will look at the movie Guess Who’s Coming to Dinner, to...

Words: 2267 - Pages: 10

Premium Essay

Pols 1336 Notes

...representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of the united states (1789-present) Events leading up to the US constitution * By the 18th century, two-tier system of governance had evolved – local colonial assemblies vs Parliament in Britain * Britain’s involvement in the seven years’ war cost money that they tried to recoup from the colonies * Sugar act (1764) * Stamp act (1765) * Colonists responded with...

Words: 2355 - Pages: 10

Premium Essay

Distinguishing Features of the Major Court Systems

...Distinguishing Features of the Major Court Systems Katie Van Alstine University of Phoenix Distinguishing Features of the Major Court Systems There are two kinds of courts in the United Stated – state courts and federal courts. Each one possesses their own distinguishing features. We will look at the key players at each level as well as jurisdictional rules, interpretation issues as well as the effect of evolving technology on court proceedings at each level. State courts are established by each individual state and within the state there being local courts that are established by cities, counties, and other municipalities. Federal courts, however, are established under the US Constitution and their main focus is to decide disputes involving the Constitution and the laws that have been passed by Congress. Each level of the court system has key players that include but are not limited to the judge, prosecutor, defense attorney and jury. At the state level, both the judge and the prosecutor are elected officials. These individuals are elected for an eight year term by the majority vote of both houses in the General Assembly. For example in the case of Commonwealth of VA vs. George Huguely V, the presiding judge was Honorable Edward L. Hogshire, Judge and the Commonwealth’s Attorney was Warner D. Chapman. Federal judges such as the Supreme Court justices, court of appeals judges and district court judges are all nominated by the President and confirmed by the...

Words: 1130 - Pages: 5

Premium Essay

Dred Scott vs Sanford

...Dred Scott vs. Sanford: The Dred Scott vs. Sanford case is one of the most important cases that have ever been tried in the United States of America and was heard in the Old Courthouse of St. Louis. This case that is usually known as the Dred Scott Decision was a ruling by the Supreme Court of America that African people imported into the country and detained as slaves were not protected by the U.S Constitution and could never be American citizens. Dred Scott was a slave who sued for his freedom from his master in a Missouri court in the year 1846. As part of his arguments, Dred Scott claimed that he resided in Illinois which was a free state and part of the Louisiana Territory. Therefore, he claimed that he was a free man because of his residence in a free territory in which slavery was prohibited by the 1820 Missouri Compromise (“Dred Scott v. Sanford” par, 1). However, Dred Scott’s suit for freedom in the local federal court in Missouri was unsuccessful. Eleven years later after his initial suit in the Missouri court, Scott brought a new suit in the United States’ Supreme Court. This was after the federal court ordered the jury to depend on Missouri law for the conclusion of the case regarding Scott’s freedom. Additionally, Scott decided to appeal to the United States’ Supreme Court following the decision of the Missouri Supreme Court to consider him as a slave. In his defense, Scott’s master maintained that the American Constitution did not allow people of African...

Words: 2148 - Pages: 9

Premium Essay

Material Related to Mba

...Legal Aspects of Management Project Report on Case of NTP vs RIM PATENT INFRIGMENT CASE Submitted to:- Submitted by:- Mr. Maneesh Yadav Dheeraj SurI JL12PGDM060 ------------------------------------------------- Company Background RIM Mike Lazaridis founded the wireless device company Research in Motion (RIM) in 1984 which has its headquarters in Waterloo, Ontario. Their best known product is the Blackberry handheld communication device. RIM not only produces the BlackBerry, but also develops its own software for its devices as well as developing and selling embedded wireless data components ("Research In Motion"). In 1999 the first BlackBerry was released. It used the same hardware as the Inter@ctive pager 950 - a pager RIM worked on with RAM Mobile Data and Ericsson. The first BlackBerry also ran on the Mobitex network which was developed by...

Words: 3027 - Pages: 13

Premium Essay

Brown vs. Board of Education

...16, 2014 Brown vs. Board of Education The court case docketed Brown vs. Board of education was a culmination of several individuals seeking constitutional justice for their civil liberties. These brave individuals changed the course of history. This landmark case changed racial segregation in schools and allowed equal education to all regardless of race. Although the Declaration of Independence declared that all men were created equal, it wasn’t for many years after the ending of slavery that equal rights were strengthened and the effects of slavery were abolished. Amendments to the constitution were put into effect to equal out the balance of the laws due to racial segregation, but despite these amendments African-Americans were rarely given the equal treatment as their white counterparts. Many states, especially in the south, made segregation a legal practice. What became known as Jim Crow Laws, were regulations that enabled separate bathrooms, busses, and schools simply based on the color of their skin. Many people disagreed with these unjust laws, but only few made their opinion known in court. One of the first cases to be heard regarding unmerited segregation was brought to the Supreme Court by a gentleman by the name of Homer Plessy. Mr. Plessy refused to give up his seat on the train to a white man and was therefore arrested. He knew that this arrest violated the 14th amendments “equal protection clause”. In 1892 he decided to fight this in court and it eventually...

Words: 2475 - Pages: 10

Premium Essay

Con Law Outline

...restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England.  Virginia, according to state law, had the right to confiscate land owned by British subjects and did so.  Virginia granted this land to D, who then ejected P from the land.  But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal interpretation will trump the States interpretation) * Cohens v. Virginia * →SC upheld its jurisdiction to review the validity of state...

Words: 12291 - Pages: 50

Free Essay

The (Un)Official United States History Cram Packet

...North America. 1513: Ponce de Leon claims Florida for Spain. 1524: Verrazano explores North American Coast. 1539-1542: Hernando de Soto explores the Mississippi River Valley. 1540-1542: Coronado explores what will be the Southwestern United States. 1565: Spanish found the city of St. Augustine in Florida. 1579: Sir Francis Drake explores the coast of California. 1584 – 1587: Roanoke – the lost colony 1607: British establish Jamestown Colony – bad land, malaria, rich men, no gold - Headright System – land for population – people spread out 1608: French establish colony at Quebec. 1609: United Provinces establish claims in North America. 1614: Tobacco cultivation introduced in Virginia. – by Rolfe 1619: First African slaves brought to British America. 15. Virginia begins representative assembly – House of Burgesses 1620: Plymouth Colony is founded. - Mayflower Compact signed – agreed rule by majority • 1624 – New York founded by Dutch 1629: Mass. Bay founded – “City Upon a Hill” - Gov. Winthrop - Bi-cameral legislature, schools 1630: The Puritan Migration 1632: Maryland – for profit – proprietorship 1634 – Roger Williams banished from Mass. Bay Colony 1635: Connecticut founded 1636: Rhode Island is founded – by Roger Williams 23. Harvard College is founded • 1638 – Delaware founded – 1st church, 1st school • 1649 – Maryland Toleration Act – for Christains – latter repealed 1650-1696: The...

Words: 7863 - Pages: 32

Premium Essay

Pols 102

...Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group of religious leaders) Democracy: Power lies in the hand of the people. Basically a representative democracy, meaning we chose the people to make decisions. The dominant form of government today. Totalitarianism: The government was total control. Purpose is to implement the “utopian” society. Neg. side: They have to control everything, takes up a lot of resources. Gov. is inflexible, which leads to destruction of government. Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were...

Words: 1972 - Pages: 8