commentary
Center Stage
Learning from ‘Loving’
Published Thursday, 28-Jun-2007 in issue 1018
Earlier this month marked the 40th anniversary of the U.S. Supreme Court decision in the Loving v. Virginia case, the case that struck down the interracial marriage bans and ended discrimination in marriage based on race.
The California Supreme Court was the first in the nation to strike down such laws in 1948, but it would take another 19 years before the Supreme Court’s Loving ruling on June 12, 1967, wiped out the bans on interracial marriage that remained in 16 states.
The more-than-appropriately named case was named for Mildred and Richard Loving, a black woman and a white man who married in Washington, D.C., rather than their home state of Virginia, where they could not be married. At the time, the law in Virginia stated that “all marriages between a white person and a colored person shall be absolutely void without any decree of divorce or other legal process.”
From here, I’ll let Mildred Loving’s statement marking the 40th anniversary of the Supreme Court’s decision speak for what happened next.
“Not long after our wedding, we were awakened in the middle of the night in our own bedroom by deputy sheriffs and actually arrested for the ‘crime’ of marrying the wrong kind of person. Our marriage certificate was hanging on the wall above the bed.
“The state prosecuted Richard and me, and, after we were found guilty, the judge declared: ‘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. The fact that he separated the races shows that he did not intend for the races to mix.’ He sentenced us to a year in prison, but offered to suspend the sentence if we left our home in Virginia for 25 years exile.
“We left, and got a lawyer. Richard and I had to fight, but still were not fighting for a cause. We were fighting for our love.
“Though it turned out we had to fight, happily Richard and I didn’t have to fight alone. Thanks to groups like the ACLU and the NAACP Legal Defense & Education Fund, and so many good people around the country willing to speak up, we took our case for the freedom to marry all the way to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court ruled unanimously that, ‘The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men,’ a ‘basic civil right.’
“My generation was bitterly divided over something that should have been so clear and right. The majority believed what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.
“Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the ‘wrong kind of person’ for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others – especially if it denies people’s civil rights.
“I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.”
I couldn’t agree more. The Loving case is an historic milestone in the fight for racial equality and a cornerstone of the argument that the freedom to marry is a civil right. Its premise remains relevant in today’s battle for marriage equality for couples of the same sex.
Ultimate victory didn’t come easily then, and it’s not going to come easily now. It will require legislative efforts, legal challenges and the hard work and courage of those affected by this discrimination, along with our family, friends and allies.
And we have to hold a longer view of history. The Loving couple lost at every level in the state courts and were married for nine years before prevailing at the U.S. Supreme Court. While it sometimes feels like we aren’t making progress as fast as we’d like, it’s important to remember that, in terms of history, we’re actually moving with lightning speed.
The Loving case wasn’t just about Mildred and Richard. It was the result of committed people – through their lifetimes – who changed a nation. We can do that, too. We’ll get there if we keep our eyes on the prize and work hard.
That is absolutely what Loving, and loving, is all about.
Dr. Delores A. Jacobs is the chief executive officer of The San Diego LGBT Community Center.
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