Sunday, March 25, 2012

Loving v. Virginia case brief

Loving v. Virginia (1967)(p. 137) antimisegination laws

Facts: African-American woman and white man prosecuted in 1958 after getting married and settling in VA for violation of state anti-miscegenation law.
Holding: The statute is unconstitutional and violates the EP clause b/c distinctions being made on the basis of race. “There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification.” DP clause also implicated b/c of a loss of liberty as to the freedom to marry.
Notes: Court did not apply strict scrutiny b/c the law was facially neutral = “equal discrimination.”
Dicta: The court did not use original intent approach; rather, took a more activist approach. Court said that the drafters of the post-war amendments “undoubtedly” intended them to remove all legal distinctions among all persons born or naturalized in the U.S. Query whether the court is saying there is a fundamental right to marry. There is an issue of federalism here…

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