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Loving v. Virginia Court Case

302 words | 2 page(s)

Loving v. Virginia was an extremely important case. This video shows that not only did it transform the law in terms of interracial marriage, but it impacted the civil rights movement as a whole, by introducing racial equality to the realm of marriage.

From my own research on recent Supreme Court cases regarding same sex marriage, Loving v. Virginia can also be seen to be impacting civil rights today. In 2006, the Supreme Court did not refer to the case as a precedent impacting same sex marriage, as it was claimed that the histories of each case were too different to be used in the same way. The differences that the court was citing here was largely relating to the definition of marriage as existing between a man and a woman. Loving v. Virginia could not be used to contradict this as the issue was with race, rather than gender, and the history was of racial integration rather than a redefinition of marriage itself.

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However, in Perry v. Schwarzenegger in 2010, Loving v. Virginia was used in the Supreme Court’s ruling that ‘the [constitutional] right to marry protects an individual’s choices of marital partner regardless of gender.’ Here they were referring to the more narrow similarities between the two cases: the freedom of a person to choose any partner they wish without discrimination. In both cases, the issue being addressed can be interpreted as the right to marry a person of one’s choosing, regardless of differences between two people.

Civil Rights issues today include the LGBT rights movement, with equality for transgender people still threatened by laws regarding gender as the sex someone is born. Immigration rights are also being contested at present, with Trump’s recent Muslim ban and promises to have a vast number of immigrants—including children—deported.

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