The Loving Story Lends Insight into Marriage Equality Today

          A white man and an African American woman hold hands and walk slowly through the doorway, crossing its threshold to look at a series of photos. Just over 40 years ago, this scene would have been illegal in most states. The couple is at the International Center of Photography in midtown Manhattan. Along with many others, they have walked into an exhibition called The Loving Story: Photographs by Grey Villet. The exhibition is on view through May 6, 2012.

(bossip.com)

         Crossing the threshold to enter this exhibition appears to be a meaningful act for this couple as the Lovings also crossed a threshold in their struggle for equality. Their case, Loving v. Virginia, marked a milestone with regard to civil rights. The Supreme Court decision was unanimous in its ruling against Virginia’s anti-miscegenation laws.
           At the time of the Lovings marriage in 1958, Virginia was one of 24 states in which inter-racial marriage was illegal in the United States. While they had wed legally in Washington DC, the Lovings were found to be breaking the law upon returning to their home in King and Queen County, Virginia. On July 11, 1958, just five weeks after their wedding, police burst into the Lovings home, arresting them for violating a Virginia law known as the Racial Integrity Act. The judge on their case, Leon M. Bazile commented that God would not have put difference races on different continents if he intended for them to mix.

(nextmagazine.com)

          As the Lovings continued to struggle both in the legal realm as well as the public realm, Mrs. Mildred Loving took it upon herself to write to Attorney General Robert. F. Kennedy about their situation. In answering her letter, Kennedy suggested she contact the American Civil Liberties Union. In 1967 in the case known as Loving v. Virginia, the Supreme Court struck down Virginia’s segregation law banning inter-racial marriage. It was a unanimous decision. As these events were unfolding, photojournalist Grey Villet was assigned by LIFE magazine to take photos of the family for an article on the case that was set to print. According to his wife, Barbara Villet in a recent New York Times article, Grey Villet sought to capture the Lovings “as real as he could get it.” His photos did not echo the legal turmoil that was taking place, but rather the love that was so obvious in their everyday actions.

            According to Mrs. Mildred Loving’s obituary in the Times in 2008, Mr. Loving died in a car accident only 8 years after the 1967 Supreme Court ruling. Mrs. Loving died just a year after the 40^th anniversary of the ruling. In her last issued statement during this anniversary, Loving said that she hoped same sex couples will have the right to marry. Given the recent and ongoing controversy surrounding same sex marriage, Loving’s call for marriage equality with regard to same sex couples is next on the horizon in relation to civil rights issues.

(mlive.com)

          Just as many thought the Loving v. Virginia case was trying to redefine what is assumed as “traditional marriage” in the 1950’s, many today feel that advocates for same sex marriage are also trying to redefine a traditional definition of marriage. Currently six states as well as Washington DC allow same sex couples to marry. New York governor Andrew Cuomo recently signed the Marriage Equality Act into law on June 24, 2011. The law amends New York’s Domestic relations Law in various ways.

New York University graduate law student Patrick Clark weighed in. “It’s largely about New York elitism,” he said, explaining that New York was one of the first states to legalize same sex marriage. Because New York is generally a more liberal state, Clark said that it is of course on the cusp of such issues.

 “There are three ways legislation can be determined,” Clark continued, “rational basis scrutiny, intermediate basis, and strict scrutiny.” Clark explained that strict scrutiny was used for the Loving case, “Strict scrutiny can sometimes be dangerous, though, if a compelling enough reason to change the law cannot be found.”

While the Lovings were able to win on strict scrutiny, Clark said that most same sex marriage advocates are wary of pushing too hard too fast in fear of losing their cases. “Legislation passed through the state can often lead to a more lasting consensus as opposed to one pushed through the federal court system.” Clark used the example of Brown v. Board of Education and Loving v. Virginia to explain this. Despite Supreme Court rulings resulting in new legislation, the general public opinion and disapproval remained the same. As the issue of inter-racial marriage is now resolved, many question what is next for same sex marriage.