Sorry I missed yesterday, but you know a girl's got to have a life! Whew!! I enjoyed myself...IMMENSELY and didn't get home until 3am! Yes! (*Fist pump*) Anyway, I did NOT forget that I had to educate you all on black history for this month (because you're probably not going to and probably didn't get it in high school). So for Days 4 and 5 I am going to give you the biography of one of my favorite historians: Frederick Douglass and one of my favorite legal cases: Loving vs. Virginia which made interracial marriages legal in Virginia and then spread throughout the rest of the country(Yay!!).
So here we go!
Day 4: Frederick Douglass:
Frederick Douglass was born in a slave cabin, in February, 1818, near the town of Easton, on the Eastern Shore of Maryland. Separated from his mother when only a few weeks old he was raised by his grandparents. At about the age of six, his grandmother took him to the plantation of his master and left him there. Not being told by her that she was going to leave him, Douglass never recovered from the betrayal of the abandonment. When he was about eight he was sent to Baltimore to live as a houseboy with Hugh and Sophia Auld, relatives of his master. It was shortly after his arrival that his new mistress taught him the alphabet. When her husband forbade her to continue her instruction, because it was unlawful to teach slaves how to read, Frederick took it upon himself to learn. He made the neighborhood boys his teachers, by giving away his food in exchange for lessons in reading and writing. At about the age of twelve or thirteen Douglass purchased a copy of The Columbian Orator, a popular schoolbook of the time, which helped him to gain an understanding and appreciation of the power of the spoken and the written word, as two of the most effective means by which to bring about permanent, positive change.
Returning to the Eastern Shore, at approximately the age of fifteen, Douglass became a field hand, and experienced most of the horrifying conditions that plagued slaves during the 270 years of legalized slavery in America. But it was during this time that he had an encounter with the slavebreaker Edward Covey. Their fight ended in a draw, but the victory was Douglass', as his challenge to the slavebreaker restored his sense of self-worth. After an aborted escape attempt when he was about eighteen, he was sent back to Baltimore to live with the Auld family, and in early September, 1838, at the age of twenty, Douglass succeeded in escaping from slavery by impersonating a sailor.
He went first to New Bedford, Massachusetts, where he and his new wife Anna Murray began to raise a family. Whenever he could he attended abolitionist meetings, and, in October, 1841, after attending an anti-slavery convention on Nantucket Island, Douglass became a lecturer for the Massachusetts Anti-Slavery Society and a colleague of William Lloyd Garrison. This work led him into public speaking and writing. He published his own newspaper, The North Star, participated in the first women's rights convention at Seneca Falls, in 1848, and wrote three autobiographies. He was internationally recognized as an uncompromising abolitionist, indefatigable worker for justice and equal opportunity, and an unyielding defender of women's rights. He became a trusted advisor to Abraham Lincoln, United States Marshal for the District of Columbia, Recorder of Deeds for Washington, D.C., and Minister-General to the Republic of Haiti.
Frederick Douglass sought to embody three keys for success in life:
Believe in yourself.
Take advantage of every opportunity.
Use the power of spoken and written language to effect positive change for yourself and society.
Douglass said, "What is possible for me is possible for you." By taking these keys and making them his own, Frederick Douglass created a life of honor, respect and success that he could never have dreamed of when still a boy on Colonel Lloyd's plantation on the Eastern Shore of Maryland.
(At the Annual Meeting of the Massachusetts Anti-Slavery Society in Boston, April, 1865, Douglass delivered the following speech on the subject: The Equality of all men before the law; Note that this was given within days of the close of the Civil War and the assassination of President Lincoln.)
WHAT THE BLACK MAN WANTS
I came here, as I come always to the meetings in New England, as a listener, and not as a speaker; and one of the reasons why I have not been more frequently to the meetings of this society, has been because of the disposition on the part of some of my friends to call me out upon the platform, even when they knew that there was some difference of opinion and of feeling between those who rightfully belong to this platform and myself; and for fear of being misconstrued, as desiring to interrupt or disturb the proceedings of these meetings, I have usually kept away, and have thus been deprived of that educating influence, which I am always free to confess is of the highest order, descending from this platform. I have felt, since I have lived out West [Douglass means west of Boston, in Rochester, NY], that in going there I parted from a great deal that was valuable; and I feel, every time I come to these meetings, that I have lost a great deal by making my home west of Boston, west of Massachusetts; for, if anywhere in the country there is to be found the highest sense of justice, or the truest demands for my race, I look for it in the East, I look for it here. The ablest discussions of the whole question of our rights occur here, and to be deprived of the privilege of listening to those discussions is a great deprivation.
I do not know, from what has been said, that there is any difference of opinion as to the duty of abolitionists, at the present moment. How can we get up any difference at this point, or any point, where we are so united, so agreed? I went especially, however, with that word of Mr. Phillips, which is the criticism of Gen. Banks and Gen. Banks' policy. [Gen. Banks instituted a labor policy in Louisiana that was discriminatory of blacks, claiming that it was to help prepare them to better handle freedom. Wendell Phillips countered by saying, "If there is anything patent in the whole history of our thirty years' struggle, it is that the Negro no more needs to be prepared for liberty than the white man."] I hold that that policy is our chief danger at the present moment; that it practically enslaves the Negro, and makes the Proclamation [the Emancipation Proclamation] of 1863 a mockery and delusion. What is freedom? It is the right to choose one's own employment. Certainly it means that, if it means anything; and when any individual or combination of individuals undertakes to decide for any man when he shall work, where he shall work, at what he shall work, and for what he shall work, he or they practically reduce him to slavery. [Applause.] He is a slave. That I understand Gen. Banks to do--to determine for the so-called freedman, when, and where, and at what, and for how much he shall work, when he shall be punished, and by whom punished. It is absolute slavery. It defeats the beneficent intention of the Government, if it has beneficent intentions, in regards to the freedom of our people.
I have had but one idea for the last three years to present to the American people, and the phraseology in which I clothe it is the old abolition phraseology. I am for the "immediate, unconditional, and universal" enfranchisement of the black man, in every State in the Union. [Loud applause.] Without this, his liberty is a mockery; without this, you might as well almost retain the old name of slavery for his condition; for in fact, if he is not the slave of the individual master, he is the slave of society, and holds his liberty as a privilege, not as a right. He is at the mercy of the mob, and has no means of protecting himself.
It may be objected, however, that this pressing of the Negro's right to suffrage is premature. Let us have slavery abolished, it may be said, let us have labor organized, and then, in the natural course of events, the right of suffrage will be extended to the Negro. I do not agree with this. The constitution of the human mind is such, that if it once disregards the conviction forced upon it by a revelation of truth, it requires the exercise of a higher power to produce the same conviction afterwards. The American people are now in tears. The Shenandoah has run blood--the best blood of the North. All around Richmond, the blood of New England and of the North has been shed--of your sons, your brothers and your fathers. We all feel, in the existence of this Rebellion, that judgments terrible, wide-spread, far-reaching, overwhelming, are abroad in the land; and we feel, in view of these judgments, just now, a disposition to learn righteousness. This is the hour. Our streets are in mourning, tears are falling at every fireside, and under the chastisement of this Rebellion we have almost come up to the point of conceding this great, this all-important right of suffrage. I fear that if we fail to do it now, if abolitionists fail to press it now, we may not see, for centuries to come, the same disposition that exists at this moment. [Applause.] Hence, I say, now is the time to press this right.
It may be asked, "Why do you want it? Some men have got along very well without it. Women have not this right." Shall we justify one wrong by another? This is the sufficient answer. Shall we at this moment justify the deprivation of the Negro of the right to vote, because some one else is deprived of that privilege? I hold that women, as well as men, have the right to vote [applause], and my heart and voice go with the movement to extend suffrage to woman; but that question rests upon another basis than which our right rests. We may be asked, I say, why we want it. I will tell you why we want it. We want it because it is our right, first of all. No class of men can, without insulting their own nature, be content with any deprivation of their rights. We want it again, as a means for educating our race. Men are so constituted that they derive their conviction of their own possibilities largely by the estimate formed of them by others. If nothing is expected of a people, that people will find it difficult to contradict that expectation. By depriving us of suffrage, you affirm our incapacity to form an intelligent judgment respecting public men and public measures; you declare before the world that we are unfit to exercise the elective franchise, and by this means lead us to undervalue ourselves, to put a low estimate upon ourselves, and to feel that we have no possibilities like other men. Again, I want the elective franchise, for one, as a colored man, because ours is a peculiar government, based upon a peculiar idea, and that idea is universal suffrage. If I were in a monarchial government, or an autocratic or aristocratic government, where the few bore rule and the many were subject, there would be no special stigma resting upon me, because I did not exercise the elective franchise. It would do me no great violence. Mingling with the mass I should partake of the strength of the mass; I should be supported by the mass, and I should have the same incentives to endeavor with the mass of my fellow-men; it would be no particular burden, no particular deprivation; but here where universal suffrage is the rule, where that is the fundamental idea of the Government, to rule us out is to make us an exception, to brand us with the stigma of inferiority, and to invite to our heads the missiles of those about us; therefore, I want the franchise for the black man.
There are, however, other reasons, not derived from any consideration merely of our rights, but arising out of the conditions of the South, and of the country--considerations which have already been referred to by Mr. Phillips--considerations which must arrest the attention of statesmen. I believe that when the tall heads of this Rebellion shall have been swept down, as they will be swept down, when the Davises and Toombses and Stephenses, and others who are leading this Rebellion shall have been blotted out, there will be this rank undergrowth of treason, to which reference has been made, growing up there, and interfering with, and thwarting the quiet operation of the Federal Government in those states. You will se those traitors, handing down, from sire to son, the same malignant spirit which they have manifested and which they are now exhibiting, with malicious hearts, broad blades, and bloody hands in the field, against our sons and brothers. That spirit will still remain; and whoever sees the Federal Government extended over those Southern States will see that Government in a strange land, and not only in a strange land, but in an enemy's land. A post-master of the United States in the South will find himself surrounded by a hostile spirit; a collector in a Southern port will find himself surrounded by a hostile spirit; a United States marshal or United States judge will be surrounded there by a hostile element. That enmity will not die out in a year, will not die out in an age. The Federal Government will be looked upon in those States precisely as the Governments of Austria and France are looked upon in Italy at the present moment. They will endeavor to circumvent, they will endeavor to destroy, the peaceful operation of this Government. Now, where will you find the strength to counterbalance this spirit, if you do not find it in the Negroes of the South? They are your friends, and have always been your friends. They were your friends even when the Government did not regard them as such. They comprehended the genius of this war before you did. It is a significant fact, it is a marvellous fact, it seems almost to imply a direct interposition of Providence, that this war, which began in the interest of slavery on both sides, bids fair to end in the interest of liberty on both sides. [Applause.] It was begun, I say, in the interest of slavery on both sides. The South was fighting to take slavery out of the Union, and the North was fighting to keep it in the Union; the South fighting to get it beyond the limits of the United States Constitution, and the North fighting to retain it within those limits; the South fighting for new guarantees, and the North fighting for the old guarantees;--both despising the Negro, both insulting the Negro. Yet, the Negro, apparently endowed with wisdom from on high, saw more clearly the end from the beginning than we did. When Seward said the status of no man in the country would be changed by the war, the Negro did not believe him. [Applause.] When our generals sent their underlings in shoulder-straps to hunt the flying Negro back from our lines into the jaws of slavery, from which he had escaped, the Negroes thought that a mistake had been made, and that the intentions of the Government had not been rightly understood by our officers in shoulder-straps, and they continued to come into our lines, threading their way through bogs and fens, over briers and thorns, fording streams, swimming rivers, bringing us tidings as to the safe path to march, and pointing out the dangers that threatened us. They are our only friends in the South, and we should be true to them in this their trial hour, and see to it that they have the elective franchise.
I know that we are inferior to you in some things--virtually inferior. We walk about you like dwarfs among giants. Our heads are scarcely seen above the great sea of humanity. The Germans are superior to us; the Irish are superior to us; the Yankees are superior to us [Laughter]; they can do what we cannot, that is, what we have not hitherto been allowed to do. But while I make this admission, I utterly deny, that we are originally, or naturally, or practically, or in any way, or in any important sense, inferior to anybody on this globe. [Loud applause.] This charge of inferiority is an old dodge. It has been made available for oppression on many occasions. It is only about six centuries since the blue-eyed and fair-haired Anglo-Saxons were considered inferior by the haughty Normans, who once trampled upon them. If you read the history of the Norman Conquest, you will find that this proud Anglo-Saxon was once looked upon as of coarser clay than his Norman master, and might be found in the highways and byways of Old England laboring with a brass collar on his neck, and the name of his master marked upon it. You were down then! [Laughter and applause.] You are up now. I am glad you are up, and I want you to be glad to help us up also. [Applause.]
The story of our inferiority is an old dodge, as I have said; for wherever men oppress their fellows, wherever they enslave them, they will endeavor to find the needed apology for such enslavement and oppression in the character of the people oppressed and enslaved. When we wanted, a few years ago, a slice of Mexico, it was hinted that the Mexicans were an inferior race, that the old Castilian blood had become so weak that it would scarcely run down hill, and that Mexico needed the long, strong and beneficent arm of the Anglo-Saxon care extended over it. We said that it was necessary to its salvation, and a part of the "manifest destiny" of this Republic, to extend our arm over that dilapidated government. So, too, when Russia wanted to take possession of a part of the Ottoman Empire, the Turks were an "inferior race." So, too, when England wants to set the heel of her power more firmly in the quivering heart of old Ireland, the Celts are an "inferior race." So, too, the Negro, when he is to be robbed of any right which is justly his, is an "inferior man." It is said that we are ignorant; I admit it. But if we know enough to be hung, we know enough to vote. If the Negro knows enough to pay taxes to support the government, he knows enough to vote; taxation and representation should go together. If he knows enough to shoulder a musket and fight for the flag, fight for the government, he knows enough to vote. If he knows as much when he is sober as an Irishman knows when drunk, he knows enough to vote, on good American principles. [Laughter and applause.]
But I was saying that you needed a counterpoise in the persons of the slaves to the enmity that would exist at the South after the Rebellion is put down. I hold that the American people are bound, not only in self-defence, to extend this right to the freedmen of the South, but they are bound by their love of country, and by all their regard for the future safety of those Southern States, to do this--to do it as a measure essential to the preservation of peace there. But I will not dwell upon this. I put it to the American sense of honor. The honor of a nation is an important thing. It is said in the Scriptures, "What doth it profit a man if he gain the whole world, and lose his own soul?" It may be said, also, What doth it profit a nation if it gain the whole world, but lose its honor? I hold that the American government has taken upon itself a solemn obligation of honor, to see that this war--let it be long or short, let it cost much or let it cost little--that this war shall not cease until every freedman at the South has the right to vote. [Applause.] It has bound itself to it. What have you asked the black men of the South, the black men of the whole country to do? Why, you have asked them to incure the enmity of their masters, in order to befriend you and to befriend this Government. You have asked us to call down, not only upon ourselves, but upon our children's children, the deadly hate of the entire Southern people. You have called upon us to turn our backs upon our masters, to abandon their cause and espouse yours; to turn against the South and in favor of the North; to shoot down the Confederacy and uphold the flag-- the American flag. You have called upon us to expose ourselves to all the subtle machinations of their malignity for all time. And now, what do you propose to do when you come to make peace? To reward your enemies, and trample in the dust your friends? Do you intend to sacrifice the very men who have come to the rescue of your banner in the South, and incurred the lasting displeasure of their masters thereby? Do you intend to sacrifice them and reward your enemies? Do you mean to give your enemies the right to vote, and take it away from your friends? Is that wise policy? Is that honorable? Could American honor withstand such a blow? I do not believe you will do it. I think you will see to it that we have the right to vote. There is something too mean in looking upon the Negro, when you are in trouble, as a citizen, and when you are free from trouble, as an alien. When this nation was in trouble, in its early struggles, it looked upon the Negro as a citizen. In 1776 he was a citizen. At the time of the formation of the Consitution the Negro had the right to vote in eleven States out of the old thirteen. In your trouble you have made us citizens. In 1812 Gen. Jackson addressed us as citizens--"fellow-citizens." He wanted us to fight. We were citizens then! And now, when you come to frame a conscription bill, the Negro is a citizen again. He has been a citizen just three times in the history of this government, and it has always been in time of trouble. In time of trouble we are citizens. Shall we be citizens in war, and aliens in peace? Would that be just?
I ask my friends who are apologizing for not insisting upon this right, where can the black man look, in this country, for the assertion of his right, if he may not look to the Massachusetts Anti-Slavery Society? Where under the whole heavens can he look for sympathy, in asserting this right, if he may not look to this platform? Have you lifted us up to a certain height to see that we are men, and then are any disposed to leave us there, without seeing that we are put in possession of all our rights? We look naturally to this platform for the assertion of all our rights, and for this one especially. I understand the anti-slavery societies of this country to be based on two principles,--first, the freedom of the blacks of this country; and, second, the elevation of them. Let me not be misunderstood here. I am not asking for sympathy at the hands of abolitionists, sympathy at the hands of any. I think the American people are disposed often to be generous rather than just. I look over this country at the present time, and I see Educational Societies, Sanitary Commissions, Freedmen's Associations, and the like,--all very good: but in regard to the colored people there is always more that is benevolent, I perceive, than just, manifested towards us. What I ask for the Negro is not benevolence, not pity, not sympathy, but simply justice. [Applause.] The American people have always been anxious to know what they shall do with us. Gen. Banks was distressed with solicitude as to what he should do with the Negro. Everybody has asked the question, and they learned to ask it early of the abolitionists, "What shall we do with the Negro?" I have had but one answer from the beginning. Do nothing with us! Your doing with us has already played the mischief with us. Do nothing with us! If the apples will not remain on the tree of their own strength, if they are wormeaten at the core, if they are early ripe and disposed to fall, let them fall! I am not for tying or fastening them on the tree in any way, except by nature's plan, and if they will not stay there, let them fall. And if the Negro cannot stand on his own legs, let him fall also. All I ask is, give him a chance to stand on his own legs! Let him alone! If you see him on his way to school, let him alone, don't disturb him! If you see him going to the dinner table at a hotel, let him go! If you see him going to the ballot- box, let him alone, don't disturb him! [Applause.] If you see him going into a work-shop, just let him alone,--your interference is doing him a positive injury. Gen. Banks' "preparation" is of a piece with this attempt to prop up the Negro. Let him fall if he cannot stand alone! If the Negro cannot live by the line of eternal justice, so beautifully pictured to you in the illustration used by Mr. Phillips, the fault will not be yours, it will be his who made the Negro, and established that line for his government. [Applause.] Let him live or die by that. If you will only untie his hands, and give him a chance, I think he will live. He will work as readily for himself as the white man. A great many delusions have been swept away by this war. One was, that the Negro would not work; he has proved his ability to work. Another was, that the Negro would not fight; that he possessed only the most sheepish attributes of humanity; was a perfect lamb, or an "Uncle Tom;" disposed to take off his coat whenever required, fold his hands, and be whipped by anybody who wanted to whip him. But the war has proved that there is a great deal of human nature in the Negro, and that "he will fight," as Mr. Quincy, our President, said, in earlier days than these, "when there is reasonable probability of his whipping anybody." [Laughter and applause.]
(Foner, Volume Four, pages 157- 165)
{*Information obtained from www.frederickdouglass.org*}
Day 5: Loving vs. Virginia
Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights case in which the United States Supreme Court, by a 9-0 vote, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.
The plaintiffs, Mildred Loving (née Mildred Delores Jeter, a woman of African and Rappahannock Native American descent, July 22, 1939 – May 2, 2008) and Richard Perry Loving (a white man, October 29, 1933 – June 1975), were residents of the Commonwealth of Virginia who had been married in June 1958 in the District of Columbia, having left Virginia to evade the Racial Integrity Act, a state law banning marriages between any white person and any non-white person. Upon their return to Caroline County, Virginia, they were charged with violation of the ban. They were caught sleeping in their bed by a group of police officers who had invaded their home in the hopes of finding them in the act of sex (another crime). In their defense, Mrs. Loving had pointed to a marriage certificate on the wall in their bedroom; rather than defending them, it became the evidence the police needed for a criminal charge, because it proved they had been married in another state. Specifically, they were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified "miscegenation" as a felony, punishable by a prison sentence of between one and five years. On January 6, 1959, the Lovings pleaded guilty and were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case, Leon M. Bazile, echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, proclaimed that
“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.”
The Lovings moved to the District of Columbia, and on November 6, 1963, the American Civil Liberties Union filed a motion on their behalf in the state trial court to vacate the judgment and set aside the sentence on the grounds that the violated statutes ran counter to the Fourteenth Amendment. This set in motion a series of lawsuits which ultimately reached the Supreme Court. On October 28, 1964, after their motion still had not been decided, the Lovings began a class action suit in the U.S District Court for the Eastern District of Virginia. On January 22, 1965, the three-judge district court decided to allow the Lovings to present their constitutional claims to the Virginia Supreme Court of Appeals. Virginia Supreme Court Justice Harry L. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes and, after modifying the sentence, affirmed the criminal convictions.
Ignoring United States Supreme Court precedent, Carrico cited as authority the Virginia Supreme Court's own decision in Naim v. Naim (1955), also arguing that the case at hand was not a violation of the Fourteenth Amendment Equal Protection Clause because both the white and the non-white spouse were punished equally for the crime of miscegenation, an argument similar to that made by the United States Supreme Court in 1883 in Pace v. Alabama.
In 1966, the Presbyterian Church took a stand, stating that they did not condemn or prohibit interracial marriages. The church found "no theological grounds for condemning or prohibiting marriage between consenting adults merely because of racial origin". In that same year, the Unitarian Universalist Association declared that "laws which prohibit, inhibit or hamper marriage or cohabitation between persons because of different races, religions, or national origins should be nullified or repealed." Months before the Supreme Court ruling on Loving v. Virginia the Roman Catholic Church joined the movement, supporting interracial couples in their struggle for recognition of their right to marriage.
Prior to Loving v. Virginia, there were several cases on the subject of race-mixing. In Pace v. Alabama (1883), the Supreme Court ruled that the conviction of an Alabama couple for interracial sex, affirmed on appeal by the Alabama Supreme Court, did not violate the Fourteenth Amendment. Interracial extramarital sex was deemed a felony, whereas extramarital sex ("adultery or fornication") was only a misdemeanor. On appeal, the United States Supreme Court ruled that the criminalization of interracial sex was not a violation of the equal protection clause because whites and non-whites were punished in equal measure for the offense of engaging in interracial sex. The court did not need to affirm the constitutionality of the ban on interracial marriage that was also part of Alabama's anti-miscegenation law, since the plaintiff, Mr. Pace, had chosen not to appeal that section of the law. After Pace v. Alabama, the constitutionality of anti-miscegenation laws banning marriage and sex between whites and non-whites remained unchallenged until the 1920s.
In Kirby v. Kirby (1921), Mr. Kirby asked the state of Arizona for an annulment of his marriage. He charged that his marriage was invalid because his wife was of ‘negro’ descent, thus violating the state's anti-miscegenation law. The Arizona Supreme Court judged Mrs. Kirby’s race by observing her physical characteristics and determined that she was of mixed race, therefore granting Mr. Kirby’s annulment.
In the Monks case (Estate of Monks, 4. Civ. 2835, Records of California Court of Appeals, Fourth district), the Superior Court of San Diego County in 1939 decided to invalidate the marriage of Marie Antoinette and Allan Monks because she was deemed to have "one eighth negro blood". The court case involved a legal challenge over the conflicting wills that had been left by the late Allan Monks, an old one in favor of a friend named Ida Lee and a newer one in favor of his wife. Lee's lawyers charged that the marriage of the Monkses, which had taken place in Arizona, was invalid under Arizona state law because Marie Antoinette was "a Negro" and Alan had been white. Despite conflicting testimony by various expert witnesses, the judge defined Mrs. Monks' race by relying on the anatomical "expertise" of a surgeon. The judge ignored the arguments of an anthropologist and a biologist that it was impossible to tell a person's race from physical characteristics.
Monks then challenged the Arizona anti-miscegenation law itself, taking her case to the California Court of Appeals, Fourth District. Monks's lawyers pointed out that the anti-miscegenation law effectively prohibited Monks as a mixed-race person from marrying anyone: "As such, she is prohibited from marrying a negro or any descendant of a negro, a Mongolian or an Indian, a Malay or a Hindu, or any descendants of any of them. Likewise ... as a descendant of a negro she is prohibited from marrying a Caucasian or a descendant of a Caucasian...." The Arizona anti-miscegenation statute thus prohibited Monks from contracting a valid marriage in Arizona, and was therefore an unconstitutional constraint on her liberty. The court, however, dismissed this argument as inapplicable, because the case presented involved not two mixed-race spouses but a mixed-race and a white spouse: "Under the facts presented the appellant does not have the benefit of assailing the validity of the statute." Dismissing Monks' appeal in 1942, the United States Supreme Court refused to reopen the issue.
The turning point came with Perez v. Sharp (1948), also known as Perez v. Lippold. In Perez, the Supreme Court of California recognized that interracial bans on marriage violated the Fourteenth Amendment of the Federal Constitution.
The U.S. Supreme Court overturned the convictions in a unanimous decision, dismissing the Commonwealth of Virginia's argument that a law forbidding both white and black persons from marrying persons of another race, and providing identical penalties to white and black violators, could not be construed as racially discriminatory. The court ruled that Virginia's anti-miscegenation statute violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. In its decision, the court wrote:
“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.”
The Supreme Court concluded that anti-miscegenation laws were racist and had been enacted to perpetuate white supremacy:
“There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy.”
Despite this Supreme Court ruling, such laws remained on the books, although unenforceable, in several states until 2000, when Alabama became the last state to repeal its law against mixed-race marriage.
The definition of a marriage and what constitutes a family was reconsidered by society after the decision of Loving v. Virginia. Following Loving v. Virginia, The Changing Nature of Interracial Marriage in Georgia: A Research Note states "there was a 448 per cent increase in the number of interracial marriages (from 21 in 1967 to 115 in 1970)" (Aldridge, 1973). These numbers are only from the state of Georgia after the Supreme Court ruling, but the numbers and percentages only continued to increase across the United States. However, interracial couples still had to overcome many fears of possibly losing respect from friends, family, and the community.
Some activists believe that the Loving ruling will eventually aid the marriage equality movement for same-sex partnerships, if courts allow the Equal Protection Clause to be used. F.C. Decoste states, "If the only arguments against same sex marriage are sectarian, then opposing the legalization of same sex marriage is invidious in a fashion no different from supporting anti miscegenation laws". These activists maintain that miscegenation laws are to interracial marriage, as sodomy laws are to homosexual rights and that sodomy laws were enacted in order to maintain traditional sex roles that have become part of American society.
On June 12, 2007, Mildred Loving issued a rare public statement, which commented on same-sex marriage, prepared for delivery on the fortieth anniversary of the Loving v. Virginia decision of the US Supreme Court. The concluding paragraphs of her statement read as follows:
“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.
”
The Majority Opinion of the New York Court of Appeals in Hernandez v. Robles (2006) rejected any reliance upon the Loving case as controlling upon the issue of same-sex marriage, holding that:
“[T]he historical background of Loving is different from the history underlying this case. [...] But the traditional definition of marriage is not merely a by-product of historical injustice. Its history is of a different kind. The idea that same-sex marriage is even possible is a relatively new one. Until a few decades ago, it was an accepted truth for almost everyone who ever lived, in any society in which marriage existed, that there could be marriages only between participants of different sex. A court should not lightly conclude that everyone who held this belief was irrational, ignorant or bigoted. We do not so conclude.”
In the August 4, 2010 federal district court decision in Perry v. Schwarzenegger, which overturned California's Proposition 8, Judge Vaughn Walker cited Loving v. Virginia when justifying his conclusion that "the right to marry protects an individual's choice of marital partner regardless of gender".
{*Information obtained from http://en.wikipedia.org/wiki/loving_v_Virginia*}
Why Frederick Douglass is Important to Our History:
Besides the fact that Frederick Douglass was a brilliant writer who wrote a manner of oratories, speeches, and articles about the plight of the African-American to be truly free, he fought for the abolishment of slavery, advised President Lincoln and spoke out for the rights of all African-Americans. Who knows where we would be had it not been for the blunt, honest, and perceptive words spoken by Mr. Douglass to a society that didn't want to change and a world that didn't want to listen.
Why Loving v. Virginia is Important to Our History:
The case of Loving v. Virginia opened the door for interracial couples to get married legally all over the nation. It eliminated the stigma of shame that hung over interracial couples and gave biracial children, born of love and honest intentions the liberty of walking around with their heads held high instead of walking around full of shame at their parentage. This case opened the door for the Supreme Court to declare that denying someone the right to marry based on race was unconstitutional. It also served later for those in favor of same-sex marriages to have a foundation for their own fight for their rights. Love is special and precious and this case helped to prove that it shouldn't be restricted because of the opinions and beliefs of others.
