Passion for Justice: Loving v. Virginia and the Fight for the Right to Marry
“Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.”
– Chief Justice Earl Warren (Majority)
Passion is a driving force in the legal profession, fueling the pursuit of justice and shaping the laws that govern society. This is particularly evident in Loving v. Virginia (1967), the landmark Supreme Court case that struck down laws banning interracial marriage. Richard and Mildred Loving’s quiet but unwavering fight for their right to marry exemplifies the profound impact of personal conviction and legal advocacy on civil rights. Their case, argued by passionate attorneys dedicated to equality, forever changed the legal landscape of marriage in America. For paralegals, Loving v. Virginia serves as a powerful reminder that behind every case file is a human story, and behind every legal battle is the potential to transform lives. Discover how passion, in the form of love and legal advocacy, was central to Loving v. Virginia and how it continues to inspire legal professionals today.
Before Loving v. Virginia, laws prohibiting interracial marriage were widespread across the United States, particularly in the South. These statutes, known as anti-miscegenation laws, dated back to the colonial era and were designed to uphold racial segregation and white supremacy. By the mid-20th century, many states had repealed such laws. However, 16 states, including Virginia, still enforced strict prohibitions on interracial marriage. Virginia’s Racial Integrity Act of 1924 made it unlawful for white people to marry non-white people.1
Love in Virginia: Loving v. Virginia
Richard Loving, a white man, and Mildred Loving, a woman of mixed Black and Native American heritage, were lifelong residents of Virginia. In 1958, they traveled to Washington, DC, where interracial marriage was legal, to wed before returning home to Caroline County, Virginia. Five weeks later, police raided their home in the middle of the night and arrested them for violating Virginia’s marriage laws. They were convicted in 1959 and sentenced to one year in prison, with the sentence suspended on the condition that they leave Virginia and not return together for 25 years. Forced into exile, the Lovings relocated to Washington, DC, but longed to return home to Virginia to raise their three children.2
Determined to challenge their conviction, Mildred Loving wrote a letter to Attorney General Robert F. Kennedy in 1963, who referred her to the American Civil Liberties Union (ACLU). The ACLU assigned young volunteer attorneys Bernard Cohen and Philip Hirschkop to take on the case. The legal team filed a motion to vacate the Lovings’ conviction and set aside their sentences, but the judge refused. After the Virginia Supreme Court of Appeals upheld the original ruling, Cohen and Hirschkop appealed to the US Supreme Court, arguing that Virginia’s law violated the Equal Protection and Due Process Clauses of the 14th Amendment. Hirschkop claimed, “These are not health and welfare laws. These are slavery laws, pure and simple.” The attorneys’ commitment to justice and civil rights set the stage for a historic ruling that ended interracial marriage bans nationwide.3
Passion in Advocacy: The Legal Fight
Richard and Mildred Loving were not activists by nature, but their quiet determination to live as a married couple in their home state of Virginia exemplified a deep passion for justice. Rather than accepting exile, they sought legal recourse, driven by the simple yet powerful desire to be together as a family. Their decision to challenge Virginia’s law was not just an act of defiance but an assertion of their fundamental rights.
Cohen and Hirschkop shared that passion for justice and took on the Lovings’ case with unwavering dedication. Both lawyers recognized the profound constitutional implications of the Lovings’ struggle. They worked tirelessly, filing motions, appealing rulings, and preparing arguments that would stand before the highest court in the nation. Despite the prevailing racial prejudices of the era and the legal hurdles before them, Cohen and Hirschkop remained steadfast in their commitment, knowing that this case could set a precedent for future civil rights battles.
At the heart of their legal strategy were the Equal Protection and Due Process Clauses of the 14th Amendment. They argued that Virginia’s anti-miscegenation law violated the Equal Protection Clause by discriminating based on race, denying Richard and Mildred the rights afforded to couples of the same race. Additionally, they contended that the law infringed upon the Due Process Clause, as marriage was a fundamental right that should not be restricted based on race.4 The passion behind these arguments was evident, and the Supreme Court ultimately agreed, ruling unanimously in favor of the Lovings and striking down all existing laws against interracial marriage in the US.5
This legal battle is a testament to the power of advocacy fueled by passion. The Lovings’ quiet resilience, paired with the dedication of their legal team, transformed their personal struggle into a landmark decision that reinforced the constitutional principles of equality and freedom for all races.
An Enduring Legacy: Paralegals Advancing Justice
Beyond its immediate impact, Loving set a precedent for future cases that expanded civil rights, including the legalization of same-sex marriage in Obergefell v. Hodges (2015). It was a victory not only for Richard and Mildred Loving but for countless couples denied the right to marry due to discriminatory laws.
The Lovings’ case is a powerful reminder that legal victories are often driven by the passion of those directly affected and of the legal professionals who fight for justice. While the attorneys argued the case before the Supreme Court, legal support staff played a crucial role in preparing filings, researching precedents, and ensuring the case moved forward. Paralegals are the backbone of legal advocacy, and their dedication can make all the difference in civil rights cases. Whether by assisting attorneys in impact litigation, advocating for marginalized communities, or ensuring access to justice through pro bono work, paralegals’ passion for the law helps drive meaningful change.
Paralegals today can continue the legacy of Loving by supporting ongoing civil rights efforts. They can work with legal aid organizations, stay informed of evolving laws, and use their research skills to support cases that challenge discrimination. Advocating for inclusion within the legal profession is also crucial. Diverse legal teams are better equipped to understand and address injustices. By bringing the same dedication and passion that helped overturn discriminatory marriage laws, paralegals can contribute to the ongoing fight for equal justice.
1 https://encyclopediavirginia.org/primary-documents/preservation-of-racial-integrity-1924/
2 https://www.history.com/topics/black-history/loving-v-virginia#richard-and-mildred-loving
3 https://encyclopediavirginia.org/primary-documents/excerpts-from-a-transcript-of-oral-arguments-in-loving-v-virginia-april-10-1967/
4 https://constitution.congress.gov/constitution/amendment-14/
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