Loving v. Virginia
Citation: 388 U.S. 1 (U.S. Supreme Court, 1967)
Facts
Mildred Jeter (Black) and Richard Loving (white) were married in Washington, D.C. and returned to live in Virginia, which criminalized interracial marriage under its Racial Integrity Act of 1924. They were convicted and sentenced to a year in prison, with the sentence suspended on condition that they leave Virginia for 25 years.
Issue
Does Virginia’s anti-miscegenation statute violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment?
Holding
The unanimous Court struck down Virginia’s law. Race-based restrictions on marriage violate both the Equal Protection Clause (racial classifications require strict scrutiny and serve no legitimate overriding purpose) and the Due Process Clause (marriage is a fundamental right).
Rule
Racial classifications are subject to strict scrutiny and are upheld only if necessary to accomplish a permissible state objective. The freedom to marry is a fundamental right, and the state may not restrict that right on the basis of race.
Significance
Loving is a dual-holding landmark: it applies strict scrutiny to racial classifications under Equal Protection and establishes marriage as a fundamental right under substantive due process. Both holdings were foundational to later decisions including Obergefell v. Hodges. The case is also frequently cited in courses as an example of invidious racial discrimination surviving no constitutional scrutiny.