Constitutional Law Keyed to Cohen
Loving v. Virginia
Facts
The Petitioners were married in the District of Columbia pursuant to its laws. Shortly after their marriage, the Petitioners returned to Virginia and were charged by a grand jury with violating Virginia’s ban on interracial marriages. The Petitioners pled guilty to the violation and left the State of Virginia pursuant to a condition of their judicial sentence. The Petitioners filed suit in a Virginia state court to have the sentence vacated pursuant to the Equal Protection Clause of the Fourteenth Amendment. The state court denied the motion to vacate the sentences. The Supreme Court of Appeals affirmed the lower court’s decision based on the rationale that the State had a legitimate purpose in preserving the racial integrity of its citizens and that the regulation of marriage had been traditionally been left to the states exclusive control. The State argued that since it treated blacks and whites equally in prohibiting interracial marriage, the Equal Protection clause was not violated.
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