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Freedom to Marry in 1967 15 June 2007

Posted by Todd in Democratic Theory, Gay Rights, Law/Courts, Race & Ethnicity.
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This past week was the 40th anniversary of the Loving v. Virginia Supreme Court decision that overturned antimiscegentation laws once and for all, the despicable institutionalization of blood-racism that prevented inter-marriage among the “races”. Although in early colonial America, the first 50 years or so, intermarriage was common, the rise of the plantation system and its concomitant need for cheap (read: slave) labor produced a more vile kind or racism and by 1700 complete dehumanization of people of African descent. By the 1860s, anti-race-mixing laws had spread to people of Asian descent in California. I won’t belabor the obvious parallels between people of different skin colors who wanted to marry in 1965 and people of the same sex who want to marry today, but clearly, the right to form relationships and have those relationships treated equally under the law should be clear.

Mildred Loving, one of the plaintiff’s in the 1967 case, prepared the following speech for the 40th Anniversary celebrations. It speaks to the stark simplicity of the issue, at both the humane and civil rights levels.

Loving for All

By Mildred Loving*

Prepared for Delivery on June 12, 2007, the 40th Anniversary of the Loving vs. Virginia Announcement

When my late husband, Richard, and I got married in Washington, DC in 1958, it wasn’t to make a political statement or start a fight. We were in love, and we wanted to be married. We didn’t get married in Washington because we wanted to marry there. We did it there because the government wouldn’t allow us to marry back home in Virginia where we grew up, where we met, where we fell in love, and where we wanted to be together and build our family. You see, I am a woman of color and Richard was white, and at that time people believed it was okay to keep us from marrying because of their ideas of who should marry whom.

When Richard and I came back to our home in Virginia, happily married, we had no intention of battling over the law. We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn’t that what marriage is?

Not long after our wedding, we were awakened in the middle of the night in our own bedroom by deputy sheriffs and actually arrested for the “crime” of marrying the wrong kind of person. Our marriage certificate was hanging on the wall above the bed. The state prosecuted Richard and me, and after we were found guilty, the judge declared: “”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. The fact that he separated the races shows that he did not intend for the races to mix.” He sentenced us to a year in prison, but offered to suspend the sentence if we left our home in Virginia for 25 years exile.

We left, and got a lawyer. Richard and I had to fight, but still were not fighting for a cause. We were fighting for our love.

Though it turned out we had to fight, happily Richard and I didn’t have to fight alone. Thanks to groups like the ACLU and the NAACP Legal Defense & Education Fund, and so many good people around the country willing to speak up, we took our case for the freedom to marry all the way to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court ruled unanimously that, “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men,” a “basic civil right.”

My generation was bitterly divided over something that should have been so clear and right. The majority believed that what the judge said, that it was God’s plan to keep people apart, and that government should discriminate against people in love. But I have lived long enough now to see big changes. The older generation’s fears and prejudices have given way, and today’s young people realize that if someone loves someone they have a right to marry.

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the “wrong kind of person” for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over
others. Especially if it denies people’s civil rights.

I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.

* Together with her husband, Richard Loving, Mildred Loving was a plaintiff in the historic Supreme Court Loving v. Virginia, decided 40 years ago June 12, striking down race restrictions on the freedom to marry and advancing racial justice and marriage equality in America.

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