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Sample essay topic, essay writing: Loving V. Virginia (388 U.s. 1) - 1017 words
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.. y General, Robert F. Kennedy, for help and advice. She had heard about a bill that was being proposed in Congress (Civil Rights Act of 1964) and wanted to see if that bill would assist them in anyway. Mr.
Kennedy responded back informing Mrs. loving that the federal government could not do anything for them; however, he suggested that they contact the American Civil Liberties Union (ACLU) for assistance. Jumping to the opportunity, Mildred contacted the ACLU and informed them of their situation. One of the ACLU members who happened to be a lawyer, Bernard S. Cohen, was very intrigued with the Lovings situation and was quite eager to take it on
As Cohen as their lawyer, the Lovings decided to test their luck again with the court. Mr. Cohen decided to name the case Loving v Virginia in connection to the special meaning associated with Richard's strong love for his wife.Frustrated and upset with the previous outcomes of the Virginia courts, Richard and Mildred Loving decided to challenge the courts one more time in their pursuit of that "normal marriage life." Bernard Cohen and Philip Hirschkop perfected an appeal to the U.S. Supreme Court and on December 12, 1966, the court agreed to hear the case, Loving v. Virginia was born.
There was just one glitch with Lovings' argument: the integrating of the Brown decision into the unconstitutionality of miscegenation. Since this tactic did not work with the Virginia Supreme Court, Cohen and Hirschkop did not want to chance it with the U.S. Supreme Court and so, they decided to just stick with their main argument: violation of the due process and equal protection of the 14th amendment. Along the way, the Lovings' have received a lot of support from various organizations such as the Japanese Americans Citizens League, the NAACP, and assorted Catholic organizations; these organizations proved to be useful in their assistance throughout the trial. For instance the Japanese Americans Citizens League was allowed to file amicus curiae (brief in support of the Loving) they provided information that stated that many states prohibited marriage between other races not just black and white. On April 10, 1967, the court began hearing arguments; the Chief Justice that presided was Justice Earl Warren. Chief Justice Earl Warren was also the chief justice that presided over the Brown v Board of Education in 1954.
On June 12, 1967 the case was decided by a vote of 9 to 0. Chief justice Earl Warren invalidated the law as an impossible racial classification prohibited by the equal protection clause of the fourteenth amendment. Warren held 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..is surely to deprive all..of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. 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.The legacy this Supreme Court decision left behind lie in two separate but equal parts.
A part of its legacy lies in the legal precedence it set with its many applications in cases that followed it. as in the case of Dick v. Reaves (1967) in Oklahoma where Loving was used in the decision to grant the stepchild of an interracial marriage, the inheritance property of her father. In other cases it gave states no reason to remove children from the homes of interracial couples; stepparents in interracial unions acquired the right to legally adopt their children from their spouses; employers could no longer deny employment based on the race of the person's spouse, and it might again be relevant today in its possible use towards the support for the acceptance of same-sex marriages. Another equally important legacy lies in the driving force for the case itself, which appropriately shares its name with the name of the case. Loving v.
Virginia showed the length to which people in love would go in order to prove their love to each other. It showed the public that love has no color, no race, and as we are beginning to realize today no gender as well.The immediate impact of Loving On civil liberties was significant partly due to the fact that it finally removed the last Jim Crow law on the books. However, an even stronger impact was felt in its display of the complicated ideas of race and segregation that were developed over the centuries. The light that had traced the development of the racist attitudes from Biblical passages to 'scientific' research would now serve as much needed insight to those in search of equality. A significant force for Civil Liberties in Supreme Court cases is the setting of precedence's for hope. Today, Loving v.
Virginia serves as just that to a new group best illustrated in this paragraph from an article written by Randall Kennedy a Professor at Harvard LawAt a time when many observers question whether America has made any real progress, on the racial front, it is worth recalling that as late as 1967, sixteen states prohibited people from marrying across racial frontiers. Now no such prohibitions exist.. Just as many people once found trans-racial marriage to be a loathsome potentiality well-worth prohibiting, so, too, do many people find same-sex marriage to be an abomination.Works CitedSollors, Werner. I Interracialism: Black-White Intermarriage in American History, Literature, and Law. New York: University Press, 2000.Hall, Kermit L, eds.
The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.Loving v. Virginia. 388 U.S. 1. U.S.
Sup. Ct. 1967Loving v. Virginia Oral Argument (1967): Perez v. Sharp. 32 Cal.2d 711Naim v.
Naim. 197 Va. 80, 87 S. E. 2d 749Zorn, Eric.
"One thing polls show accurately: Changed minds.' Chicago Tribune Nov 9, 2004: 1.Brown v. Board of Ed. 347 U.S. 483,489. U.S. Sup.
Ct. (1954)Mclaughlin v. Florida, 379 U.S. 184 U.S. Sup.
Ct. 1964Dick v. Reaves. 1967 OK 158, 434 P.2d 295"Loving v. Virginia at Thirty" speakout.com (1997) February 6, 1997.
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