Mixed Race Studies

Remembering Mildred Loving, Unsung Hero of the Civil Rights Movement

Counterpunch
2008-05-09

Mark A. Huddle, Associate Professor of History
Georgia College and State University

Fighting “Anti-Miscegenation” Laws

On May 2, Mildred Loving died from complications of pneumonia at the age of 68.  The unassuming Mrs. Loving would have scoffed at the notion that she was a hero of the Civil Rights Movement.  But for millions of Americans the Loving v. Virginia (1967) case—which outlawed bans on interracial marriage—has resonated to the present as their declaration of independence. 

The Lovings’ story began in June 1958 when they were married in Washington, DC.  Richard Perry Loving and Mildred Delores Jeter of Central Point, Virginia crossed into the District to evade their state’s Racial Integrity Act, a law that defined the marriage of a white man and African American woman as a felony.  Five weeks later on July 11, the newly-married couple was rousted from their bed by the Caroline County, Virginia sheriff and two deputies and arrested for violating the 1924 law.  In a plea agreement, they pleaded guilty in return for a one-year suspended jail sentence and an agreement not to return to the state together for twenty-five years. 

The couple moved to Washington, started a family, and struggled to make ends meet.  Eventually the isolation from family and friends proved too much.  In 1963 Mildred Loving contacted the American Civil Liberties Union which agreed to take the case.  Eventually Loving v. Virginia was argued before the Supreme Court of the United States on April 10, 1967.  Chief Justice Earl Warren delivered the opinion of the Court on June 12.  Warren put the question succinctly:  did the “statutory scheme adopted by the State of Virginia to prevent marriages between persons solely on the basis of racial classifications” violate the “Equal Protection and Due Process Clauses of the Fourteenth Amendment?”  The Court concluded that the Virginia law directly contradicted the “central meaning” of those constitutional safeguards and was therefore unconstitutional.

The Lovings were always quick to note that while they were glad their case proved so helpful to so many people their main concern was the welfare of their own family.  “We are doing it for us,” Richard Loving told an interviewer in 1966.  But the Loving decision eventually impacted millions. 

So-called “anti-miscegenation laws” were one of the more tenacious vestiges of Jim Crow.  The last state to strike anti-miscegenation statutes from its organic law was Alabama which waited until 2000 to do so.  In the decades since the ruling, there has been a marked increase in mixed race marriages and by the 1990s we were in the midst of an interracial baby-boom.  Also of particular importance to the growth of the mixed-race population was the Immigration Act of 1965 that eliminated many of the racist immigration restrictions from earlier legislation and contributed to the “browning of America.”  Census 2000, the first to allow Americans to check more than one box for racial identity, counted 7.3 million people, about 3 percent of the population, as interracial.  The most striking fact of all from the data is that 41 percent of that mixed race population was under the age of eighteen…

Read the entire article here.