Mixed Race Studies

Setting the Record Straight On The Case of Loving V. Virginia

Medium
2020-10-25

Arica L. Coleman, Ph.D.

Mildred and Richard Loving. Courtesy of Getty Image.

The recent death of Bernard Cohen, one of the lawyers who represented the plaintiffs Richard and Mildred Loving in the landmark Supreme Court case Loving v. Virginia, which overturned proscriptions against interracial marriage in the United States in 1967, has once again thrust the case back into the headlines. In 1958, Richard Loving a “white” man, and Mildred Jeter a “colored” woman, violated several Virginia codes when they married in the District of Columbia, where interracial marriage was legal, and afterward returned to their home in Caroline Country, Virginia, where interracial marriage was illegal, to live as husband and wife. The couple was taken to jail, tried for the crime of being married, and then banished from Virginia for 25 years.

Fittingly, the 86 year old Cohen who this month of Parkinson’s Disease has been eulogized for cementing his place in American legal history at the young age of thirty-three when he and his co-counsel Philip Hirschkop rocked the Supreme Court with a two-pronged legal argument against state-imposed anti- interracial marriage laws which included a poignant direct quote from Richard Loving who told the attorneys, “Tell the court I love my life, and it is just unfair that I cannot live with her in Virginia.” The Court unanimously agreed.

Yet, in recounting the events which led up to the couple’s triumphant victory of love over hate, the storyline in these accounts follows the popular narrative of the Loving story. But there is more to this case than many have supposed. This article highlights a few unknown facts and debunks some myths about this historic case…

Read the entire article here.

Bernard Cohen, Lawyer in Landmark Mixed-Marriage Case, Dies at 86

The New York Times
2020-10-15

Neil Genzlinger

Bernard S. Cohen, left, and Philip J. Hirschkop, co-counsels in Loving v. Virginia. The Supreme Court’s landmark unanimous ruling in that case in 1967 struck down bans on interracial marriage. Francis Miller/The LIFE Picture Collection, via Getty Images

With Philip J. Hirschkop, he brought Loving v. Virginia to the Supreme Court, which struck down laws against interracial marriages.

“Dear Sir,” began the letter from Washington that found its way to Bernard S. Cohen at the American Civil Liberties Union in June 1963. “I am writing to you concerning a problem we have. Five years ago my husband and I were married here in the District. We then returned to Virginia to live. My husband is white, and I am part Negro and part Indian.”

The letter, from Mildred Loving, went on to explain that when she and her husband, Richard, returned to Caroline County, Va., to live, they were charged with violating Virginia’s law against mixed-race marriages and exiled from the state.

“It was that simple letter that got us into this not-so-simple case,” Mr. Cohen said later. The not-so-simple case was Loving v. Virginia, which Mr. Cohen and his co-counsel, Philip J. Hirschkop, eventually took to the Supreme Court. In a landmark unanimous ruling in 1967, the court said that laws banning interracial marriage, which were in effect in a number of states, mostly in the South, were unconstitutional.

Mr. Cohen died on Monday at an assisted-living center in Fredericksburg, Va. He was 86…

Read the entire obituary here.

Historian Martha S. Jones on the Power of Black Women That Led to Kamala Harris’ Nod for VP

People Magazine
2020-10-26

People Staff

Professor Martha S. Jones | CREDIT: BASIC BOOKS

PEOPLE’s Voices from the Fight Against Racism will amplify Black perspectives on the push for equality and justice

Americans are taught that the fight for women’s suffrage ended with the ratification of the 19th Amendment in 1920. In actuality, another battle against voter suppression was just beginning for Black American women. In her new book, Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All, Martha S. Jones, Society of Black Alumni Presidential Professor and professor of history at Johns Hopkins University, explains how Black women campaigned for voting equality for all people, from the beginning of U.S. history, through the passing of the 19th Amendment and the Voting Rights Act of 1965, to the Black Lives Matter movement of today.

Here, Jones, a prize-winning historian, tells PEOPLE what she’s learned from the long line of brave Black suffragists in her own family — and how the history of such activists can guide modern-day Americans as they confront voter suppression in the Nov. 3 presidential election. She also explains how Black women have become one of the most powerful forces in U.S. elections. (“Black American women vote as a bloc,” says Jones, “and that’s part of what makes their vote so dangerous.”)

I write in an office where portraits of the women in my family hang on the wall. They are there because they inspire me, but they’re also there because I am accountable to them. When I write a history about women and the vote, I know that they want me to write a history that is true to the archives. But they also want me to write a history that has meaning in our own time, because I think they would recognize the urgency around voting rights that we are confronting in the 21st century and how it is not so different from the challenges that they faced a hundred years ago…

Read the entire article here.