VA argues legitimate governmental purpose in preventin

1
Loving v. VirginiaU.S. Supreme Court (1967)

• Constitutional limitations on the making of
  criminal law

2
Loving v. Virginia

• Almighty god created the races white, black,
  yellow, malay, red, and he placed them on
  separate continents. And but for the
  interference with his arrangement there would be
  no cause for such marriages. The fact that he
  separated the races shows that he did not intend
  for the races to mix.

3
Loving v. Virginia

• Where does the equal protection clause come
  from and what does it mean?
• XIV Amendment to the U.S. Constitution (p. 725
  text) nor shall any State . . . deprive any
  person within its jurisdiction the equal
  protection of the laws.
• The government should treat people equally.

4
Loving v. Virginia

• What is a class action law suit?
• A civil litigation where a number of people who
  were similarly injured by the actions of the
  defendant join together in a common group to
  pursue a single suit.
• For example, if a number of people were injured
  by a defective product.

5
Loving v. Virginia

• Case Question 1
• Virginia argued to the Supreme Court that the
  decision miscegenation statue did not constitute
  an invidious classification scheme based on race.
  What was the basis for this position?
• The VA courts relied on a precedent case about
  the need to preserve racial purity and the 10th
  Amendment allows states to regulate marriage.

6
Amendment X

• The powers not delegated to the United States by
  the constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.

7
Loving v. Virginia

• Case Question 1 Answer Continued
• VA argues that both races are punished equally
  for violation of law. That is, both a white man
  and a black woman were found guilty and ordered
  to leave the state.
• VA argues legitimate governmental purpose in
  preventing interracial marriages.

8
Loving v. Virginia

• What response did the Supreme Court make to
  Virginias restrictions on an individuals right
  to decide whether to marry a person of another
  race?
• A states power to regulate marriage cannot
  violate the 14th Amendment. The Equal Protection
  Clause is meant to prevent racial discrimination.
  Marriage is a basic protected right to life and
  liberty and focusing only on interracial
  marriages with Caucasians suggests white
  supremacy motives.