Episode notes
Loving v. Virginia, 388 U.S. 1 (1967)
Full notes and cites: https://opinion-of-the-court.pages.dev/ep/027-loving-v-virginia
Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep388/usrep388001/usrep388001.pdf
Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.
Mildred Jeter, a Black and Native American woman, and Richard Loving, a white man, grew up in Caroline County, Virginia. In 1958 they married in Washington, D.C., where it was legal, and returned home. A few weeks later the sheriff entered their bedroom at night. They pleaded guilty to violating Virginia's ban on interracial marriage and were sentenced to a year in jail, suspended on condition that they leave Virginia and not return together for twenty-five years.
Chief Justice Warren, for a unanimous Court, struck down the law under both the Equal Protection and Due Process Clauses. Restricting marriage solely because of race, he wrote, could not be justified, and the freedom to marry is one of the vital personal rights essential to the orderly pursuit of happiness. The opinion squarely rejects Virginia's argument that the law was valid because it punished both races equally.
Justice Stewart concurred briefly. June twelfth is now celebrated as Loving Day.
Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.
Cases named aloud
- Naim v. Naim, 197 Va. 80 [as printed: Naim v. Naim, 197 Va. 80, 87 S. E. 2d 749; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- Maynard v. Hill, 125 U.S. 190 (1888) [as printed: Maynard v. Hill, 125 U. S. 190 (1888); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- Meyer v. Nebraska, 262 U.S. 390 (1923) [as printed: Meyer v. Nebraska, 262 U. S. 390 (1923); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- Skinner v. Oklahoma, 316 U.S. 535 (1942) [as printed: Skinner v. Oklahoma, 316 U. S. 535 (1942); Opinion of the Court (Mr. Chief Justice Warren)] episode
- Inc. v. New York, 336 U.S. 106 (1949) [as printed: Inc. v. New York, 336 U. S. 106 (1949); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- Inc. v. Bowers, 358 U.S. 522 (1959) [as printed: Inc. v. Bowers, 358 U. S. 522 (1959); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- McLaughlin v. Florida, 379 U.S. 184 (1964) at 198 (concurring opinion) [as printed: McLaughlin v. Florida, 379 U. S. 184, 198 (concurring opinion); Concurrence (Mr. Justice Stewart)] (episode link pending)
- Pace v. Alabama, 106 U.S. 583 (1883) [as printed: Pace v. Alabama, 106 U. S. 583 (1883); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending)
- Korematsu v. United States, 323 U.S. 214 (1944) at 216 [as printed: Korematsu v. United States, 323 U. S. 214, 216 (1944); Opinion of the Court (Mr. Chief Justice Warren)] episode
Full list of 21 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/027-loving-v-virginia