What is the Issue in the Loving Vs Virginia case?

Question

What is the Issue in the Loving Vs Virginia case?

Answer 1

Well, that is an oldie...circa 1967.  You can read about it here:  http://en.wikipedia.org/wiki/Loving_v._V...

Hint:  It's quicker to use a search engine for something like that than to type the question in Y/A

Answer 2

Loving v. Virginia (1967)is one of the key cases in U.S. marriage law.

The question at hand is whether the state statute the criminalizes marrying between races, violates equal protection clause of the 14th amendment? Or whether, because they discriminate against all races equally, they are not in violation.

The facts of the case are: The Mildred Jeter, a "*****" woman, and Richard Loving, a white man, lived in Virginia where there was a law that did not allow marriages of different races. In order to get married they moved to Washington D.C. where no such law exists. They get married and move back to Caroline County VA, where they are indicted for breaking the law.

The UNANIMOUS court decision, delivered by Chief Justice Warren states that

"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. 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."

Answer 3

Whether a law prohibiting interracial marriage was unconstitutional in violation of the Due Process Clause and Equal Protection Clause of the 14th Amendment.