Loving v. Virginia - Lecture notes 17 PDF

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Constitutional Law II 2020 case brief for loving v virgina...

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LOVING v. VIRGINIA 388 U.S. 1 (1967) FACTS: Parties: Appellant: Loving (Δ) Appellee: Virginia Procedural History:  Relevant Facts: 

Δs were black and white and married and moved to VA

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VA indicted Δs for violating the interracial marriage law

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Δs pled guilty to the charge and were issued a suspended sentence of 25 years if they left the state

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Δs left and appealed the sentence

ISSUE: 

Whether a statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW: 

Laws that classify on the basis of race are reviewed under a strict scrutiny standard/ equal protection analysis and will be stricken unless they are necessary to achieve a compelling state interest

HOLDING: 

VA statute violates the Equal Protection Clause

COURT’S REASONING:   

The statute contains racial classifications There is no overriding purpose independent of invidious racial discrimination which justifies this classification VA statute prohibits only interracial marriage involving white persons which is designed to maintain white supremacy...