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388 U.S. 1Supreme Court of the United States

Richard Perry LOVING et ux., Appellantsv.COMMONWEALTH OF VIRGINIANo. 395

from Part IV - Intimate Choice and Autonomy

Published online by Cambridge University Press:  22 April 2022

Bennett Capers
Affiliation:
Fordham Law School
Devon W. Carbado
Affiliation:
University of California, Los Angeles, School of Law
R. A. Lenhardt
Affiliation:
Georgetown University Law Center
Angela Onwuachi-Willig
Affiliation:
Boston University School of Law
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Summary

Argued April 10, 1967.Decided June 12, 1967.

Davis, J. delivered the opinion of the Court.*

Appellants challenge a statutory scheme adopted by the Commonwealth of Virginia to prevent marriages between persons whom the Commonwealth assigns to different racial classifications. We conclude that the scheme cannot stand, for it violates principles expressed in our founding documents and definitively embraced when the Nation was reconstructed by constitutional amendment after Confederate secession and Civil War. More specifically, such a statute fails to respect the dignity and autonomy of free people, and it violates our obligation of equal protection and respect for every member of our society.

Type
Chapter
Information
Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
, pp. 439 - 451
Publisher: Cambridge University Press
Print publication year: 2022

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