Loving v. Virginia - Racial


Those who were against the law from the start generally felt that way because they were concerned about racial discrimination in the state

. Blacks and whites intermingled all the time, and to say that someone could not marry someone else because of that person's race was becoming an antiquated idea that many people wanted abolished and changed. The argument on this side was that each and every person was an individual, and race should not be a deciding factor for a law

. Even when a person is of a different race, that does not make that person any more or less human than a person of any other race. The fact that the law was restricted to blacks and whites also mattered, because the law did not affect any other races or the legality of intermarriage between them

. That, alone, made the law racially motivated, which was not legal under the Equal Protection Clause of the U.S. Constitution.

The Court ultimately ruled that the statute was unconstitutional, and it was struck down

. The reason behind this was the idea that the statute did not extend to all races equally, and that it was inappropriate to make laws by which race was a deciding factor in what a person could and could not do

. Race is a serious issue when it comes to law. It is also an issue that is not controllable, because a person's race is an inherent characteristic with which that person is born. By creating a law that states that blacks and whites could not intermarry, and by not restricting any other intermarriage between other racial groups, the State of Virginia was using racial motivation to make law, and that is illegal under the Equal Protection Clause of the United States Constitution

I agree with the ruling. While there are still many people who hold opinions about someone because of his or her race, that does not give those individuals the right to make laws based on their own racially-motivated opinions. That must be carefully considered any time a law is made. There should be no laws made that specifically target a characteristic over which a person has no control, such as race or gender. Discrimination is an ugly thing, and those who do not like black and white people intermarrying can certainly hold that opinion - as long as they do not try to make laws related to it. The laws should be neutral and designed to protect (and punish) only on the actions of the person and not anything that person cannot change or control on his or her own. There are no longer laws that allow for racial discrimination, and that is the way it should remain.

Works Cited

Loving v. Virginia. 388 U.S. 1, 87 S. Ct. 1817, 18 L. Ed. 2d 1010, 1967 U.S. 1082. Findlaw. Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=388&invol=1.

Loving v. Virginia 388 U.S. 1, 87 S. Ct. 1817, 18 L. Ed. 2d 1010, 1967 U.S. 1082

Loving, 1967

Loving, 1967…