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Virginia, there had been several cases on the subject of interracial sexual relations. Interracial marital sex was deemed a felony, whereas extramarital sex ("adultery or fornication") was only a misdemeanor.
On appeal, the United States Supreme Court ruled that the criminalization of interracial sex was not a violation of the equal protection clause because whites and non-whites were punished in equal measure for the offense of engaging in interracial sex. 2835, Records of California Court of Appeals, Fourth district), the Superior Court of San Diego County in 1939 decided to invalidate the marriage of Marie Antoinette and Allan Monks because she was deemed to have "one eighth negro blood".
Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.
The decision was followed by an increase in interracial marriages in the U.
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.
Despite conflicting testimony by various expert witnesses, the judge defined Mrs.
Monks' race by relying on the anatomical "expertise" of a surgeon.
1 (1967) is a landmark civil rights decision of the United States Supreme Court, which invalidated laws prohibiting interracial marriage.On January 6, 1959, the Lovings pled guilty to "cohabiting as man and wife, against the peace and dignity of the Commonwealth." They were sentenced to one year in prison, with the sentence suspended on condition that the couple leave Virginia and not return together for at least 25 years.After their conviction, the couple moved to the District of Columbia.While he upheld their criminal convictions, he directed that their sentence be modified.Carrico cited as authority the Virginia Supreme Court's decision in Naim v.