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Constitutional Law Keyed to Maggs
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Loving v. Virginia
Citation:388 U.S. 1 (1967)
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The State argues that the meaning of the Equal Protection Clause is only that state penal laws containing an interracial element as part of the definition of the offense must apply equally to whites and Negroes in the sense that members of each race are punished to the same degree. Thus, the State contends that because its miscegenation statutes punish equally both the white and the Negro participants in an interracial marriage, these statutes, despite their reliance on racial classifications do not constitute an invidious discrimination based upon race.
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