The legacy of Loving
By Khari Thompson
Mildred Loving never wanted to be famous. She never asked to be remembered forever as half of the couple that struck down bans on interracial marriage. And after her husband Richard’s untimely death, she avoided the limelight. But in 2007, on the 40th anniversary of the landmark Supreme Court case that bears her name (Loving v. Virginia), she had one more thing she needed to say.
"I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry,” she wrote in a moving statement. “Government has no business imposing some people's religious beliefs over others. Especially if it denies people's civil rights.
“I am still not a political person. But I am proud that Richard's and my name is on a court case that can help reinforce the love, the commitment, the fairness, and the family that so many people—Black or white, young or old, gay or straight—seek in life. I support the freedom to marry for all. That's what Loving, and loving, are all about."
Mildred died less than a year later.
The importance of these words, among the last she shared publicly, cannot be overstated. Neither can the fact that she made those comments not just on the anniversary of hers and her husband’s legal victory but during Pride Month. She knew what it meant to be persecuted for who she loved.
The Commonwealth of Virginia had strict laws against interracial relationships under the so-called Racial Integrity Act of 1924, meaning that the Lovings, who were wed in Washington, D.C., could not live in Virginia as a married couple. When they returned home, authorities arrested them for “cohabiting as man and wife, against the peace and dignity of the Commonwealth”—a sin of the highest order in a land that openly extolled the “purity” of white blood. After being jailed and banished from the state, the Lovings fought for their legal right to marriage during the age of Brown v. Board and the burgeoning Civil Rights Movement. They won.
Like Coretta Scott King before her, Mildred Loving saw the commonality between her case and the struggle for same-sex marriage rights. If she deserved to love and marry whomever she wished, why didn’t everyone?
Such simple, but powerful empathy is at a premium in today’s world. Because the more we see ourselves in others, the more difficult we become to divide and conquer.
When the judge sentenced the Lovings to prison time in 1959, he explained his reasoning this way: "Almighty God created the races … and placed them on separate continents. And but for the interference with this arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix." Decades later, the Supreme Court used similar reasoning to uphold laws that criminalized homosexuality.
Whether they used religion or the long-standing pseudoscience of racial hierarchy to justify their actions, the premise of these arguments remains the same: we are worth more than you, and that’s how it’s meant to be.