Madam Speaker, I rise to recognize the passing of a great lady and civil rights icon, Mildred Loving. I did not know Mrs. Loving personally, but I do know of her accomplishments for which she deserves our praise and gratitude. At a time of…
Madam Speaker, I rise to recognize the passing of a great lady and civil rights icon, Mildred Loving.
I did not know Mrs. Loving personally, but I do know of her accomplishments for which she deserves our praise and gratitude.
At a time of Jim Crow and powerful forces of racial hatred and segregation, Mildred Delores Jeter and Richard Perry Loving proved that the power of love and the simple act of living true to their beliefs was stronger and more enduring than base bigotry.
When Mildred and Richard married, they were breaking the law. As an interracial couple, it was illegal for them to be married in the Commonwealth of Virginia. Instead, they obtained a marriage certificate from the District of Columbia but returned to live in Virginia, their home. A short time later, they were arrested, literally in their bedroom, and hauled off to jail. Under a plea bargain, they agreed to a 1-year suspended sentence under the condition that they not return together or at the same time to Virginia.
Inspired by the civil rights movement, the couple challenged Virginia's Racial Integrity Act, taking Loving v. Virginia all the way to the Supreme Court--and winning. As the Washington Post reported today, Richard Loving counseled the couple's ACLU attorneys that the real issue was actually very simple. ``Tell the court,'' he said, ``I love my wife, and it is just unfair that I can't live with her in Virginia.''
In my efforts to grant federal recognition to Virginia's Native American people, I have come across similar stories of courage, determination and love fighting to overcome Virginia's legacy of racial division and subjugation.
Today we recognize Mrs. Loving, her life, her courage, and her determination for equality under the law. She was an American hero and we mourn her passing.
[From the New York Times, May 6, 2008]
Mildred Loving, Who Fought Ban on Mixed Marriage, Dies at 68
(By Douglas Martin)
Mildred Loving, a black woman whose anger over being
banished from Virginia for marrying a white man led to a
landmark Supreme Court ruling overturning state miscegenation
laws, died on May 2 at her home in Central Point, Va. She was
68.
Peggy Fortune, her daughter, said the cause was pneumonia.
The Supreme Court ruling, in 1967, struck down the last
group of segregation laws to remain on the books--those
requiring separation of the races in marriage. The ruling was
unanimous, its opinion written by Chief Justice Earl Warren,
who in 1954 wrote the court's opinion in Brown v. Board of
Education, declaring segregated public schools
unconstitutional.
In Loving v. Virginia, Warren wrote that miscegenation laws
violated the Constitution's equal protection clause. ``We
have consistently denied the constitutionality of measures
which restrict the rights of citizens on account of race,''
he said.
By their own widely reported accounts, Mrs. Loving and her
husband, Richard, were in bed in their modest house in
Central Point in the early morning of July 11, 1958, five
weeks after their wedding, when the county sheriff and two
deputies, acting on an anonymous tip, burst into their
bedroom and shined flashlights in their eyes. A threatening
voice demanded, ``Who is this woman you're sleeping with?''
Mrs. Loving answered, ``I'm his wife.''
Mr. Loving pointed to the couple's marriage certificate
hung on the bedroom wall. The sheriff responded, ``That's no
good here.''
The certificate was from Washington, D.C., and under
Virginia law, a marriage between people of different races
performed outside Virginia was as invalid as one done in
Virginia. At the time, it was one of 16 states that barred
marriages between races.
After Mr. Loving spent a night in jail and his wife several
more, the couple pleaded guilty to violating the Virginia
law, the Racial Integrity Act. Under a plea bargain, their
one-year prison sentences were suspended on the condition
that they leave Virginia and not return together or at the
same time for 25 years.
Judge Leon M. Bazile, in language Chief Justice Warren
would recall, said that if God had meant for whites and
blacks to mix, he would have not placed them on different
continents. Judge Bazile reminded the defendants that ``as
long as you live you will be known as a felon.''
They paid court fees of $36.29 each, moved to Washington
and had three children. They returned home occasionally,
never together. But times were tough financially, and the
Lovings missed family, friends and their easy country
lifestyle in the rolling Virginia hills.
By 1963, Mrs. Loving could stand the ostracism no longer.
Inspired by the civil rights movement and its march on
Washington, she wrote Attorney General Robert F. Kennedy and
asked for help. He wrote her back, and referred her to the
American Civil Liberties Union.
The A.C.L.U. took the case. Its lawyers, Bernard S. Cohen
and Philip J. Hirschkop, faced an immediate problem: the
Lovings had pleaded guilty and had no right to appeal. So
they asked Judge Bazile to set aside his original verdict.
When he refused, they appealed. The Virginia Supreme Court of
Appeals upheld the lower court, and the case went to the
United States Supreme Court.
Mr. Cohen recounted telling Mr. Loving about various legal
theories applying to the case. Mr. Loving replied, ``Mr.
Cohen, tell the court I love my wife, and it is just unfair
that I can't live with her in Virginia.''
Mildred Delores Jeter's family had lived in Caroline
County, Va., for generations, as had the family of Richard
Perry Loving. The area was known for friendly relations
between races, even though marriages were forbidden. Many
people were visibly of mixed race, with Ebony magazine
reporting in 1967 that black ``youngsters easily passed for
white in neighboring towns.''
Mildred's mother was part Rappahannock Indian, and her
father was part Cherokee. She preferred to think of herself
as Indian rather than black.
Mildred and Richard began spending time together when he
was a rugged- looking 17 and she was a skinny 11-year-old
known as Bean. He attended an all-white high school for a
year, and she reached 11th grade at an all-black school.
When Mildred became pregnant at 18, they decided to do what
was elsewhere deemed the right thing and get married. They
both said their initial motive was not to challenge Virginia
law.
``We have thought about other people,'' Mr. Loving said in
an interview with Life magazine in 1966, ``but we are not
doing it just because somebody had to do it and we wanted to
be the ones. We are doing it for us.''
In his classic study of segregation, ``An American
Dilemma,'' Gunnar Myrdal wrote that ``the whole system of
segregation and discrimination is designed to prevent
eventual inbreeding of the races.''
But miscegenation laws struck deeper than other segregation
acts, and the theory behind them leads to chaos in other
facets of law. This is because they make any affected
marriage void from its inception. Thus, all children are
illegitimate; spouses have no inheritance rights; and heirs
cannot receive death benefits.
``When any society says that I cannot marry a certain
person, that society has cut off a segment of my freedom,''
the Rev. Dr. Martin Luther King Jr. said in 1958.
Virginia's law had been on the books since 1662, adopted a
year after Maryland enacted the first such statute. At one
time or another, 38 states had miscegenation laws. State and
federal courts consistently upheld the prohibitions, until
1948, when the California Supreme Court overturned
California's law.
Though the Supreme Court's 1967 decision in the Loving case
struck down miscegenation laws, Southern states were
sometimes slow to change their constitutions; Alabama became
the last state to do so, in 2000.
Mr. Loving died in a car accident in 1975, and the Lovings'
son Donald died in 2000. In addition to her daughter, Peggy
Fortune, who lives in Milford, Va., Mrs. Loving is survived
by her son, Sidney, of Tappahannock, Va.; eight
grandchildren; and 11 great-grandchildren.
Mrs. Loving stopped giving interviews, but last year issued
a statement on the 40th anniversary of the announcement of
the Supreme Court ruling, urging that gay men and lesbians be
allowed to marry.