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However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I am not black." A factor contributing to the confusion is that it was seen at the time of her arrest as advantageous to be "anything but black." At the age of 18, Mildred became pregnant.
In June 1958, the couple traveled to Washington, D. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.
The fact that he separated the races shows that he did not intend for the races to mix.
On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the Virginia Supreme Court. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes.
On the other hand, most laws used a "one drop of blood" rule, which meant that one black ancestor made a person black in the view of the law.
Her race has been a point of confusion – during the trial, it seemed clear that she identified herself as black, especially as far as her own lawyer was concerned.
Despite conflicting testimony by various expert witnesses, the judge defined Mrs.
Monks' race by relying on the anatomical "expertise" of a surgeon.
The decision was followed by an increase in interracial marriages in the U.
In 1964, frustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney General Robert F. The ACLU assigned volunteer cooperating attorneys Bernard S. Hirschkop, who filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment's Equal Protection Clause.