Tuesday, May 06, 2008

Mildred Loving, 68

Patricia Sullivan published an outstanding article in today's Washington Post about the woman whose 1967 Supreme Court case put an end to anti-miscegenation laws in the US:
Loving later said she didn't realize that it was illegal for a black woman and a white man to wed, although her husband might have. "I think he thought [if] we were married, they couldn't bother us," she said.

Nevertheless, when they returned to Central Point, Va., between Richmond and Spotsylvania, to set up their home, someone called the law.

Caroline County Sheriff R. Garnett Brooks rousted them from their bed at 2 a.m. in July 1958 and told them the District's marriage certificate was no good in Virginia. He took them to jail and charged them with unlawful cohabitation. They pleaded guilty, and Caroline County Circuit Court Judge Leon M. Bazile sentenced them to a year's imprisonment, to be suspended if they left the state for the next 25 years.

"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," Bazile ruled.

The Lovings moved to Washington in 1959 and lived with one of her cousins on Neale Street NE. They didn't like urban life and yearned to return to their rural roots.

Five years later, while visiting her mother, they were arrested again for traveling together. Loving, who had been following the 1964 civil rights legislation, wrote a letter to Attorney General Robert F. Kennedy to find out if the new law would allow the couple to travel freely. The couple was referred to the American Civil Liberties Union and assigned an attorney, Bernard S. Cohen. "It was a terrible time in America," said Cohen, who was at Loving's home when she died. "Racism was ripe and this was the last de jure vestige of racism -- there was a lot of de facto racism, but this law was . . . the last on-the-books manifestation of slavery in America."

With fellow attorney Philip J. Hirschkop, Cohen took the case to the high court. Cohen said the couple didn't understand the importance of the case to anyone other than themselves. "When I told them I thought the case was going all the way to the Supreme Court, [Richard Loving's] jaw dropped. He didn't understand why I didn't go to Judge Bazile and tell him they loved each other and they should be allowed to live where they wished," said Cohen, now a retired state delegate from Alexandria.
More on Loving v VA on Wikipedia.