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
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the right to marry being a protected right under the fourteenth amendment, Richard Loving was punished by the state of Virginia for marrying Mildred Jeter an African American whom at the time was considered inferior to the whites, they were punished by the state of Virginia in 1959 under Anti-miscegenation statues. The punishment for their guilt was first assigned as a one-year jail sentence later suspended to 25 years under the condition that the Lovings were to leave the state of Virginia for 25 years.
Hence, in 1963, the case was repealed by Lovings stating that the judgment was in violation of the fourteenth amendment, but the state trail and the courts denied it signifying that the statues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
minorities. However, since its implementation various policies deriving from it as the racial quotas are debated as a form of reverse discrimination. The present study through its body and through its thesis scrutinizing various texts and cases present the validity of keeping the affirmative action plan in protecting the American value Legal equality and equality of opportunity. Then present suggestive methods in addressing its debated negative aspects as the observed reverse discrimination to ensure equality for all in face of the nation’s future.
the right to marry being a protected right under the fourteenth amendment, Richard Loving was punished by the state of Virginia for marrying Mildred Jeter an African American whom at the time was considered inferior to the whites, they were punished by the state of Virginia in 1959 under Anti-miscegenation statues. The punishment for their guilt was first assigned as a one-year jail sentence later suspended to 25 years under the condition that the Lovings were to leave the state of Virginia for 25 years.
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
minorities. However, since its implementation various policies deriving from it as the racial quotas are debated as a form of reverse discrimination. The present study through its body and through its thesis scrutinizing various texts and cases present the validity of keeping the affirmative action plan in protecting the American value Legal equality and equality of opportunity. Then present suggestive methods in addressing its debated negative aspects as the observed reverse discrimination to ensure equality for all in face of the nation’s future.