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However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I have no black ancestry. A possible contributing factor is that it was seen at the time of her arrest as advantageous to be "anything but black." There was an ingrained history in the state of the denial of African ancestry. Farmer, fought for the Confederacy in the Civil War.Richard Perry Loving (October 29, 1933 – June 29, 1975) was a white man, and the son of Lola (Allen) Loving and Twillie Loving. The 1830 census marks Lewis Loving, Richard’s paternal ancestor, as having owned seven slaves. Richard’s father worked for one of the wealthiest black men in the county for 25 years.Richard’s closest companions were black, including those he drag-raced with and Mildred’s older brothers. Richard moved into the Jeter household when Mildred became pregnant. In June 1958, the couple traveled to Washington, D. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.hoping to find them having sex, given that interracial sex was then also illegal in Virginia.On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the Virginia Supreme Court. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes.While he upheld their criminal convictions, he directed that their sentence be modified.On appeal, the United States Supreme Court ruled that the criminalization of interracial sex was not a violation of the equal protection clause because whites and non-whites were punished in equal measure for the offense of engaging in interracial sex. 2835, Records of California Court of Appeals, Fourth district), the Superior Court of San Diego County in 1939 decided to invalidate the marriage of Marie Antoinette and Allan Monks because she was deemed to have "one eighth negro blood".
In 1964, frustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney General Robert F. The ACLU assigned volunteer cooperating attorneys Bernard S. Hirschkop, who filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment's Equal Protection Clause.After the Democrats returned to power, the restriction was reimposed.On the one hand, a person's reputation as black or white was usually decisive in practical matters.Cohen, tell the Court I love my wife, and it is just unfair that I can't live with her in Virginia." Before Loving v. The Commonwealth, the Supreme Court of Virginia ruled that the marriage legalized in Washington, D. between Andrew Kinney, a black man, and Mahala Miller, a white woman, was “invalid” in Virginia. Alabama (1883), the Supreme Court of the United States ruled that the conviction of an Alabama couple for interracial sex, affirmed on appeal by the Alabama Supreme Court, did not violate the Fourteenth Amendment.