Richard Loving
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Mildred Delores Loving (née Jeter; July 22, 1939 – May 2, 2008) and her husband Richard Perry Loving (October 29, 1933 – June 29, 1975) were an American married couple who were the
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
s in the landmark U.S. Supreme Court case '' Loving v. Virginia'' (1967). Their marriage has been the subject of three movies, including the 2016 drama ''
Loving Loving may refer to: * Love, a range of human emotions * Loving (surname) * ''Loving v. Virginia'', a 1967 landmark United States Supreme Court civil rights case Film and television * Loving (1970 film), ''Loving'' (1970 film), an American fi ...
'', and several songs. The Lovings were criminally charged with
interracial marriage Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 1 ...
under a
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...
statute banning such marriages, and were forced to leave the state to avoid being jailed. They moved to Washington, DC, but wanted to return to their home town. With the help of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU), they filed suit to overturn the law. In 1967, the Supreme Court ruled in their favor, striking down the Virginia statute and all state
anti-miscegenation laws Anti-miscegenation laws or miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage and sometimes also sex between members of different races. Anti-mi ...
as unconstitutional, for violating due process and equal protection of the law under the Fourteenth Amendment. On June 29, 1975, a drunk driver struck the Lovings' car in
Caroline County, Virginia Caroline County is a county (United States), United States county located in the eastern part of the Commonwealth (U.S. state), Commonwealth of Virginia. The northern boundary of the county borders on the Rappahannock River, notably at the hist ...
. Richard was killed in the crash, at age 41. Mildred lost her right eye. With the exception of
LGBT rights Rights affecting lesbian, gay, bisexual, and transgender ( LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality. Notably, ...
, Mildred lived "a quiet, private life declining interviews and staying clear of the spotlight" after ''Loving'' and the passing of her husband. On the 40th anniversary of the decision, she stated: "I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people, black or white, young or old, gay or straight, seek in life. I support the freedom to marry for all. That’s what ''Loving'', and loving, are all about.” Beginning in 2013, the case was cited as precedent in U.S. federal court decisions holding restrictions on
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
unconstitutional, including in the U.S. Supreme Court decision '' Obergefell v. Hodges'' (2015).


Early life and marriage

Mildred Jeter was the daughter of Musial (Byrd) Jeter and Theoliver Jeter. She was born and raised in the small community of Central Point in Caroline County, Virginia. Mildred identified culturally as Native American, specifically Rappahannock, an historic and now a
federally recognized tribe This is a list of federally recognized tribes in the contiguous United States of America. There are also federally recognized Alaska Native tribes. , 574 Indian tribes were legally recognized by the Bureau of Indian Affairs (BIA) of the Unite ...
in Virginia. (She was reported to have
Cherokee The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, th ...
, Portuguese, and
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...
ancestry.) She is often described as having Native-American and African-American ancestry. Richard Loving was the son of Lola (Allen) Loving and Twillie Loving. He was also born and raised in Central Point, where he became a construction worker after school. He was European American, classified as white. His maternal grandfather, T. P. Farmer, fought for the Confederacy in the Civil War. Caroline County adhered to the state's strict 20th-century Jim Crow segregation laws, but Central Point had been a visible mixed-race community since the 19th century. Virginia's one drop rule, codified in law in 1924 as the Racial Integrity Act, required all residents to be classified as "white" or "colored", refusing to use people's longstanding identification as Indian among several tribes in the state. Richard's father worked for one of the wealthiest black men in the county for 25 years. Richard's closest companions were black (or colored, as was the term then), including those he drag-raced with and Mildred's older brothers. "There's just a few people that live in this community," Richard said. "A few white and a few colored. And as I grew up, and as they grew up, we all helped one another. It was all, as I say, mixed together to start with and just kept goin' that way." The two first met when Mildred was 11 and Richard was 17. He was a family friend of her brothers. Years later, when she was in high school, they began dating. When Mildred was 18 she became pregnant and Richard moved into the Jeter household. They decided to marry in June 1958 and traveled to Washington, D.C., to do so. At the time, interracial marriage was banned in Virginia by the Racial Integrity Act of 1924. Mildred later stated that when they married, she did not realize their marriage was illegal in Virginia but she later believed her husband had known it. After their marriage, the Lovings returned home to Central Point. They were
arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questi ...
ed at night by the county
sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...
who had received an anonymous tip, and charged with "cohabiting as man and wife, against the peace and dignity of the Commonwealth." They pled guilty and were convicted by the Caroline County Circuit Court on January 6, 1959. They were sentenced to one year in prison, suspended for 25 years on the condition that they leave the state. They moved to Washington, DC, but missed their country town. They were frustrated by their inability to travel together to visit their families in Virginia, and by social isolation and financial difficulties in Washington, DC. In 1964, after their youngest son was hit by a car in the busy streets, they decided they needed to move back to their home town, and they filed suit to vacate the judgment against them so they would be allowed to return home.


Supreme Court case

In 1964, Mildred Loving wrote in protest to
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Robert F. Kennedy. Kennedy referred her to the American Civil Liberties Union. The ACLU filed a motion on the Lovings' behalf to vacate the judgment and set aside the sentence, on the grounds that the statutes violated the Fourteenth Amendment. This began a series of lawsuits and the case ultimately reached the United States Supreme Court. On October 28, 1964, when their motion still had not been decided, the Lovings began a
class action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
suit in
United States district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
. On January 22, 1965, the district court allowed the Lovings to present their constitutional claims to the Virginia Supreme Court of Appeals. Virginia Supreme Court Justice Harry L. Carrico (later Chief Justice) wrote the court's opinion upholding the constitutionality of the anti-miscegenation statutes and affirmed the criminal convictions. The Lovings and ACLU appealed the decision to the U.S. Supreme Court. The Lovings did not attend the oral arguments in Washington, but their lawyer, Bernard S. Cohen, conveyed a message from Richard Loving to the court: " ll the Court I love my wife, and it is just unfair that I can't live with her in Virginia." The case, '' Loving v. Virginia'', was decided unanimously in the Lovings' favor on June 12, 1967. The Court overturned their convictions, dismissing Virginia's argument that the law was not discriminatory because it applied equally to and provided identical penalties for both white and black persons. The Supreme Court ruled that the anti-miscegenation statute violated both the
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
and equal protection clauses of the Fourteenth Amendment. The Lovings returned to Virginia after the Supreme Court decision.


Later life

The Lovings had two children together: Donald Lendberg Loving (October 8, 1958 – August 2000) and Peggy Loving (born c. 1960). Mildred's oldest, Sidney Clay Jeter (January 27, 1957 – May 2010), was born in Caroline County prior to her relationship with Richard. He lived with the Lovings. Each of the children married and had their own families. At the time of her death, Mildred had eight grandchildren and eleven great-grandchildren. After the Supreme Court ruled on the case in 1967, the couple moved with their children back to Central Point, Virginia, where Richard built them a house. This was their home for the rest of their lives. Mildred said she considered her marriage and the court decision to be "God's work". She supported everyone's right to marry whomever they wished. In 1965, while the case was pending, she told the ''
Washington Evening Star ''The Washington Star'', previously known as the ''Washington Star-News'' and the Washington ''Evening Star'', was a daily afternoon newspaper published in Washington, D.C., between 1852 and 1981. The Sunday edition was known as the ''Sunday Star ...
'', "We loved each other and got married. We are not marrying the state. The law should allow a person to marry anyone he wants." On June 12, 2007, Mildred issued a statement on the 40th anniversary of the ''Loving v. Virginia'' Supreme Court decision. She concluded:


Deaths

On June 29, 1975, a drunk driver struck the Lovings' car in
Caroline County, Virginia Caroline County is a county (United States), United States county located in the eastern part of the Commonwealth (U.S. state), Commonwealth of Virginia. The northern boundary of the county borders on the Rappahannock River, notably at the hist ...
. Richard was killed in the crash, at age 41. Mildred lost her right eye. Mildred died of
pneumonia Pneumonia is an inflammatory condition of the lung primarily affecting the small air sacs known as alveoli. Symptoms typically include some combination of productive or dry cough, chest pain, fever, and difficulty breathing. The severit ...
on May 2, 2008, in
Milford, Virginia Milford is an unincorporated community in Caroline County, in the U.S. state of Virginia. It was a stop on the Richmond, Fredericksburg and Potomac Railroad in the nineteenth century; the railroad has since been replaced by CSXT. Milford is w ...
, at age 68. Her daughter, Peggy Loving Fortune, said, "I want eopleto remember her as being strong and brave, yet humble—and believ ngin love." The final sentence in Mildred Loving's obituary in the ''New York Times'' notes her statement to commemorate the 40th anniversary of ''Loving v. Virginia'': "A modest homemaker, Loving never thought she had done anything extraordinary. 'It wasn't my doing,' Loving told the Associated Press in a rare interview n 2007!-- source dated 2008.05.06 used the words "a year ago" -->. 'It was God's work.'"


Legacy

* '' Mr. and Mrs. Loving'', a 1996 film starring Lela Rochon, Timothy Hutton and
Ruby Dee Ruby Dee (October 27, 1922 – June 11, 2014) was an American actress, poet, playwright, screenwriter, journalist, and civil rights activist. She originated the role of "Ruth Younger" in the stage and film versions of '' A Raisin in the Sun'' (1 ...
, written and directed by Richard Friedenberg. It aired on the Showtime network. According to Loving, "Not much of it was very true. The only part of it right was I had three children." * * June 12 has become known as Loving Day in the United States, an unofficial holiday celebrating interracial marriages. * ''The Loving Story'' (2011), an HBO-produced documentary which was screened at many film festivals, including Silverdocs Documentary Festival,
Tribeca Film Festival The Tribeca Festival is an annual film festival organized by Tribeca Productions. It takes place each spring in New York City, showcasing a diverse selection of film, episodic, talks, music, games, art, and immersive programming. Tribeca was f ...
, and
Full Frame Documentary Film Festival The Full Frame Documentary Film Festival is an annual international event dedicated to the theatrical exhibition of non-fiction cinema. The festival is a program of the Center for Documentary Studies, a non-profit, 501(c)(3) at Duke University. ...
. The film includes rare interviews, photographs and film shot during the time. * ''Loving'', a 2016 film by Jeff Nichols inspired by ''The Loving Story'', starring Joel Edgerton as Richard Loving and Ruth Negga as Mildred Loving.


References


External links


Joanna Grossman, "The Fortieth Anniversary of Loving v. Virginia: The Personal and Cultural Legacy of the Case that Ended Legal Prohibitions on Interracial Marriage", Findlaw commentary


law. David Margolick, "A Mixed Marriage's 25th Anniversary of Legality"], ''New York Times'',June 12, 1992
June 12, 2007 "Loving Day statement by Mildred Loving"

ABC News: "A Groundbreaking Interracial Marriage; ''Loving v. Virginia'' at 40."
ABC News interview with Mildred Jeter Loving; video clip of original 1967 broadcast, accessed June 14, 2007 *
Lovingday.org

"A Stance for Love"
, ''The Bain Journal'' {{DEFAULTSORT:Loving, Mildred and Richard Mildred and Richard Loving, 1933 births 1939 births 1975 deaths 2008 deaths Activists for African-American civil rights American amputees Women civil rights activists Deaths from pneumonia in Virginia Married couples People from Caroline County, Virginia People from Washington, D.C. Road incident deaths in Virginia de:Mildred Loving it:Mildred Loving hu:Mildred Loving