Preview

Case Loving Vs Virginia Essay

Good Essays
Open Document
Open Document
454 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Loving Vs Virginia Essay
The United States is a nation that is founded on a concrete set of values protecting the nations populous from facing errors depriving them of their individual freedoms, for all elements of the society, which includes the governing body itself. The core values of the United States, which includes Liberty, Legal equality and equality of opportunity, tolerance, respect of decent, self-reliance and the pursuit of truth, in addition are bounded with a living breathing constitution and a bill of rights collectively making a violation of an individuals freedom an impenetrable effort. However, with various poli-socioeconomic changes within the nation, new elements are place forth as challenges to the existing system; a good example is the case loving vs. Virginia (1967) which paved the foundation to the present day affirmative action plan. In 1958, despite …show more content…
Hence, in 1963, the case was repealed by Lovings stating that the judgment was in violation of the fourteenth amendment, but the state trail and the courts denied it signifying that the statues were constitutional. The state failing in their efforts the case was brought to the Supreme Court, Chief Justice Warren proceeding over the case re-opened in 1967 gave the final verdict that previous sentencing by the state was in violation of principal of equality. Then ordered that under the constitution the freedom to marry or not another person of a different race was an individual choice and was not for the states to decide. Accordingly, the limitation on admitting racial minorities placed by the Brown University a state funded university was also in violation of equal protection clause, which paved the way for Affirmative action in 1961 that requires equal access to education for underrepresented factions, such as women and

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Mildred Jeter, an African-American woman, and Richard Loving, a white man, went to Washington, D.C, to get married and avoid Virginia’s interracial marriage ban. When they returned to Virginia not long after, the Lovings were arrested under the charges of violating Virginia’s interracial marriage ban.…

    • 189 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The effect of this case was that racial quotas were ruled to be unconstitutional, while affirmative action programs would remain constitutional. These affirmative action programs would rule as constitutional as long as race is one of many admission factors, it is used to remedy past findings of discrimination, or to promote the school’s diversity levels. This also allowed more diversity to be added to universities and this topic would be brought up once again in Grutter v. Bollinger (2003) where Bakke’s case requirements allowed the University of Michigan’s affirmative action program to pass through by having the interest of a diverse student body and giving significant but not determinative weight to its applicants’ race. ("The Supreme Court. Expanding Civil Rights. Landmark Cases. Regents of California v. Bakke…

    • 819 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Lovings were represented by American Civil Liberties Union and had the conviction appealed. The Supreme Court ruled that their rights to equal protection and due process under the Fourteenth Amendment was violated. The Racial Integrity law was stroke down. The Supreme Court recognized that this law was meant to keep all others segregated from Caucasians.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The next big step in the civil rights movement came in 1954, with the BROWN vs. BOARD OF EDUCATION OF TOPEKA case, where Thurgood Marshall, representing Brown, argued that segregation was against the 4th Amendment of the American constitution. The Supreme Court ruled, against President Eisenhower’s wishes, in favour of Brown, which set a precedent in education, that schools should no longer be segregated. This was the case which completely overturned the Jim Crow Laws by overturning Plessy vs. Ferguson.…

    • 851 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The United States v. Virginia court case was debated on Jan 17, 1996 at Virginia Military Institute. The advocates involved were Paul Bender, who argued the case for the United States and Theodore B. Olson, who argued the case on behalf of Virginia. The U.S was the petitioner, while Virginia was the accused. According to "FindLaw's United States Supreme Court Case and Opinions.” the case was about Virginia Military Institute violating the fourteenth Amendments of Equal Protection by maintaining a public founded Virginia Military Institute as an all-male institution. According to "United States v. Virginia 518 U.S. 515 (1996)." Justia Law, the intention of the VMI was to create “citizen soldiers”, men who are prepared for leadership in civilian life and in military service. The VMI was trying to train male leaders of the future excluding the females.…

    • 491 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In reducing social inequalities, the federal government of the U.S has the mandate of fighting all forms of discrimination and establishing measures of addressing past injustices and historical inequalities among different groups of people. Such measures include affirmative action programs for the marginalized sections of the…

    • 812 Words
    • 4 Pages
    Good Essays
  • Better Essays

    the black students were not equal under the 14th amendment’s equal protection clause. The Court…

    • 1262 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Apush

    • 1489 Words
    • 6 Pages

    I-Supreme Court declared the concept of “separate but equal” facilities for blacks and whites was unconstitutional.…

    • 1489 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Mass Bay Colony Law

    • 446 Words
    • 2 Pages

    • 1954 • Brown vs. Board of education, Topeka case makes segregated schooling illegal on the grounds that segregated schools generate feelings of racial inferiority and are inherently unequal.…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    2. Loving v. Virginia is seen as a historic court case, but it is also one that moves people personally. Why do you think that is? How does it affect you? Does the Lovings’ fight still have relevance today?…

    • 636 Words
    • 3 Pages
    Good Essays
  • Best Essays

    “President Kennedy, as a way to fight discrimination, first coined the term Affirmative Action in 1961. Later on President Johnson employed Affirmative Action as a means of “a more profound stage of the battle for civil rights . . . not just equality as a right and a theory, but equality as a fact and result”” (“Background on Affirmative Action.”). Over the past few decades Affirmative Action has grown out of where it originated from and been altered to the extent where it has lost touch with its original intent. A prime example of the misuse of Affirmative Action can be seen in the college admissions process. The arguments against Affirmative Action fall into two categories. First Affirmative Action is immoral and causes individuals to act in an immoral manner, and second, rather than positive consequences Affirmative Action has a net negative consequence on individuals. The removal of Affirmative Action programs in colleges will lead to a colorblind admissions process that is fair to all races. The use of law enforcement could ensure that minorities are not discriminated against in the…

    • 2888 Words
    • 12 Pages
    Best Essays
  • Powerful Essays

    Brown vs. Board of Education

    • 2480 Words
    • 10 Pages

    Oliver Brown, father of Linda Brown decided that his third grade daughter should not have to walk one mile through a railroad switchyard just to get to the bus stop before she could even get to the separate Negro school for her area. He attempted to enroll her in the white public school only three blocks from their home, but her enrollment was denied due to her race. The browns believed this was a violation of their rights, and took their case to the courts. This wasn't the first time that blacks found their constitutional rights violated. After the civil war, laws were passed to continue the separation of blacks and whites throughout the southern states, starting with the Jim Crow laws which officially segregated the whites from the black. It wasn't until 1896 in Plessy vs. Ferguson that black people even began to see equality as an option. Nothing changed in the world until 1954 when the historical ruling of Brown vs. The Board of Education that anything changed. Until then, all stores, restaurants, schools and public places were deemed ‘separate but equal' through the Plessy vs. Ferguson ruling in 1896. Many cases just like the Brown vs. Board of Education were taken to the Supreme Court together in a class action suite. The world changed when nine justices made the decision to deem segregation in public schools unconstitutional.…

    • 2480 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Affirmative Action

    • 792 Words
    • 4 Pages

    Affirmative Action has been implemented since the early 1960’s, and while today it is mostly associated with education, the program was first created by President Johnson in order to make sure that employers with federal government contracts were not discriminating on the basis of race. Today it continues to be aimed at promoting opportunities for defined groups within society. It is often applied in educational and governmental settings to guarantee that minority groups within our society are included in all programs. While the point of creating affirmative action was to stop discrimination in education and the work force, many critics of the program claim it has created discrimination against “non-ethnic” whites and has ironically made it now more difficult for them. Critics feel that the policy gives an unfair head start to some in an otherwise fair race. Supporters on the other hand feel that affirmative action is one of the most efficient and successful tools for restoring the injustices caused by earlier historical discrimination against people of color and that it is not about giving an advanced start to anyone but about removing certain barriers that blocked the pathways of opportunity that only some faced and others didn’t.…

    • 792 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Brown v Board of Education when the court reached a decision to overturn segregation and ruled…

    • 882 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Mister

    • 595 Words
    • 3 Pages

    1. Affirmative Action is a policy which attempts to address long standing opportunity inequalities within our society. By setting different standards for those groups who have been denied opportunities, it is hoped that a greater percentage of people within those groups will be able to reverse the status quo and take full advantage of opportunities within our society. On that basis, Affirmative Action is morally defensible. On the other hand, when individuals within one group are extended opportunities without meeting the standards that others must meet for the same opportunities, it is at the expense of the others, who may therefore be denied opportunities, even though they may have met a higher standard. On this basis, Affirmative Action may not be morally indefensible. Our Constitution is not colour-blind and recognises the need to take race and gender into account in making certain decisions. It sanctions the use of restorative measures such as affirmative action…

    • 595 Words
    • 3 Pages
    Good Essays