Marriage rights and civil rights giant, Mildred Loving, 68

May 5, 2008

We learned today that Mildred Loving died Friday in Milford, Virginia.  She was 68.

2007 was the 40th anniversary of the Supreme Court Decision in which she played a key role, Loving vs. Virginia. In that decision, the U.S. Supreme Court ruled that state laws against interracial marriage are unconstitutional.

The romance and marriage of Mildred and Richard Loving demonstrate the real human reasons behind advances in civil rights laws.  They left Virginia to avoid facing prosecution for having gotten married; but when they wanted to be closer to family, they wrote to then-Attorney General Robert F. Kennedy. He referred them to the American Civil Liberties Union, who financed the case to get the law changed.

Richard and Mildred Loving, screen capture photo from HBO documentary,

Richard and Mildred Loving, screen capture photo from HBO documentary, “The Loving Story.”

See the post from last year on the anniversary of the decision. The Associated Press wrote today:

Peggy Fortune [daughter] said Loving, 68, died Friday at her home in rural Milford. She did not disclose the cause of death.

“I want (people) to remember her as being strong and brave yet humble — and believed in love,” Fortune told The Associated Press.

Loving and her white husband, Richard, changed history in 1967 when the U.S. Supreme Court upheld their right to marry. The ruling struck down laws banning racially mixed marriages in at least 17 states.

“There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the equal protection clause,” the court ruled in a unanimous decision.

Her husband died in 1975. Shy and soft-spoken, Loving shunned publicity and in a rare interview with The Associated Press last June, insisted she never wanted to be a hero — just a bride.

“It wasn’t my doing,” Loving said. “It was God’s work.”

Mildred Jeter was 11 when she and 17-year-old Richard began courting, according to Phyl Newbeck, a Vermont author who detailed the case in the 2004 book, “Virginia Hasn’t Always Been for Lovers.”

Richard died in 1975.

History loses another hero.

Update: Just as one more showing of how things have changed, this is the headline of the story of Mrs. Loving’s death in the Fredericksburg, Virginia, Free Lance-Star, the local newspaper in Mrs. Loving’s home county, Caroline County:  “CAROLINE HEROINE DIES”

I’ll wager the Virginia headlines were quite not so glowing in 1967.

4 Comments | Bill of Rights, Biography, Citizenship, Civil Rights, Current History, Desegregation, Family, Famous trials, Freedom - Political, Good Deeds, History, Human Rights, Jurisprudence, Justice, Law, Politics, Racism | Tagged: , , , , , , , , , | Permalink
Posted by Ed Darrell

40 years of Loving — the changes we see

June 15, 2007

1968 propelled history in dramatic fashion, much of it tragic. History teachers might await the 40th anniversary stories of 1968’s events, knowing that the newspapers and television specials will provide much richer material than any textbook could hope for.

Was 1967 less momentous? Perhaps. But an anniversary this week only serves to highlight how the entire decade was a series of turning points for the United States. This week marks the 40th anniversary of the Supreme Court’s issuing the decision in Loving v. Virginia. The Lovings had been arrested, convicted and exiled from the state of Virginia for the crime of — brace yourself — getting married.

Richard and Mildred Loving, Bettman-Corbis Archive

Photo of Richard and Mildred Loving from Bettman-Corbis Archive.

You see, Virginia in those days prohibited marriage between a black person and a white person. So did 15 other states. In language that is quaint and archaic to all but Biblical literalist creationists, the trial judge said:

“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 appealed their conviction. They appealed to the U.S. Supreme Court. And on June 12, 1967, the Supreme Court of the United States struck down laws that prohibit a person of one “race” from marrying a person of another. (I put “race” in quotes because, as we have since learned from DNA studies, there is just one race among us, the human race. Science verifies that the Supreme Court got it right, as did the Americans before them who wrote the laws upon which the Supreme Court’s decision was based.)

From 1958 to 1967 — nine years the case wended through the courts. Oral argument was had on April 10 — the decision coming down in just two months seems dramatically quick by today’s standards. This was one of the cases that angered so many Americans against the Court presided over by Chief Justice Earl Warren.

Ed Brayton at Dispatches from Culture Wars points to a statement from Mildred Loving on this anniversary. The statement is below the fold. Read the rest of this entry »

8 Comments | 1968, Citizenship, Civil Rights, Fourteenth Amendment, Freedom - Political, Heroes, History, Human Rights, Jurisprudence, Justice, U.S. Constitution | Tagged: , , , , , , | Permalink
Posted by Ed Darrell