They were arrested again in 1964 for traveling together to visit her mother in Virginia.
Loving wrote a letter to Attorney General Robert F. Supreme Court unanimously declared: "There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. In November 1998, South Carolina finally removed its constitutional ban on interracial marriage, which was added to the state constitution in 1895.
In the words of Judge Bazile, "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.
Kennedy to find out if new anti-segregation legislation would allow the couple to travel freely. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy. There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause [of the U. Although the prohibition had not been recently enforced, the clause prohibited "marriage of a white person with a Negro or mulatto or a person who shall have one-eighth or more of Negro blood." A Mason-Dixon poll conducted in August 1998 showed two-thirds of voters favored removing the ban, 22 percent opposed it and 11 percent remained undecided.
The couple was referred to the American Civil Liberties Union and assigned an attorney. The sample of 806 registered voters contained about twice as many whites as blacks.
They lived in Virginia, one of the states that still banned “miscegenation” – the derogatory term used to describe interracial coupling – so they needed to travel to the District of Columbia to be officially recognized as a couple.
The first anti-miscegenation law in the United States was related to slavery.
Maryland's 1664 anti-miscegenation law required a white woman who married a male slave to serve the master for the lifetime of her slave husband.
In addition, the law required that any children resulting from the union be required to labor for the parish for 31 years.
Pennsylvania's anti-miscegenation law of 1725 punished free blacks who married whites with a sentence of bondage for life.