loving virginia argued april decided june virginia statutory scheme prevent marriages persons solely basis racial classifications held violate equal protection due process clauses fourteenth amendment pp reversed bernard cohen philip hirschkop argued cause filed brief appellants hirschkop argued pro hac vice special leave mcilwaine iii assistant attorney general virginia argued cause appellee brief robert button attorney general kenneth patty assistant attorney general william marutani special leave argued cause japanese american citizens league amicus curiae urging reversal briefs amici curiae urging reversal filed william lewers william ball national catholic conference interracial justice et al robert carter andrew weinberger national association advancement colored people jack greenberg james nabrit iii michael meltsner legal defense educational fund bruton attorney general ralph moody deputy attorney general filed brief state north carolina amicus curiae urging affirmance chief justice warren delivered opinion case presents constitutional question never addressed whether statutory scheme adopted state virginia prevent marriages persons solely basis racial classifications violates equal protection due process clauses fourteenth amendment reasons seem us reflect central meaning constitutional commands conclude statutes stand consistently fourteenth amendment june two residents virginia mildred jeter negro woman richard loving white man married district columbia pursuant laws shortly marriage lovings returned virginia established marital abode caroline county october term circuit caroline county grand jury issued indictment charging lovings violating virginia ban interracial marriages january lovings pleaded guilty charge sentenced one year jail however trial judge suspended sentence period years condition lovings leave state return virginia together years stated opinion almighty god created races white black yellow malay red placed separate continents interference arrangement cause marriages fact separated races shows intend races mix appeals upheld constitutionality antimiscegenation statutes modifying sentence affirmed convictions lovings appealed decision noted probable jurisdiction december two statutes appellants convicted sentenced part comprehensive statutory scheme aimed prohibiting punishing interracial marriages lovings convicted violating virginia code leaving state evade law white person colored person shall go state purpose married intention returning married afterwards return reside cohabiting man wife shall punished provided marriage shall governed law solemnized state fact cohabitation man wife shall evidence marriage punishment marriage white person intermarry colored person colored person intermarry white person shall guilty felony shall punished confinement penitentiary less one five years virginia one prohibit punish marriages basis racial classifications penalties miscegenation arose incident slavery common virginia since colonial period present statutory scheme dates adoption racial integrity act passed period extreme nativism followed end first world war central features act current virginia law absolute prohibition white person marrying another white person prohibition issuing marriage licenses issuing official satisfied applicants statements race correct certificates racial composition kept local state registrars carrying forward earlier prohibitions racial intermarriage state doubt correct asserting marriage social relation subject state police power maynard hill state contend argument powers regulate marriage unlimited notwithstanding commands fourteenth amendment light meyer nebraska skinner oklahoma instead state argues meaning equal protection clause illuminated statements framers state penal laws containing interracial element part definition offense must apply equally whites negroes sense members race punished degree thus state contends miscegenation statutes punish equally white negro participants interracial marriage statutes despite reliance racial classifications constitute invidious discrimination based upon race second argument advanced state assumes validity equal application theory argument equal protection clause outlaw miscegenation statutes reliance racial classifications question constitutionality thus become whether rational basis state treat interracial marriages differently marriages question state argues scientific evidence substantially doubt consequently defer wisdom state legislature adopting policy discouraging interracial marriages reject notion mere equal application statute containing racial classifications enough remove classifications fourteenth amendment proscription invidious racial discriminations accept state contention statutes upheld possible basis concluding serve rational purpose mere fact equal application mean analysis statutes follow approach taken cases involving racial discrimination equal protection clause arrayed statute discriminating kinds advertising may displayed trucks new york city railway express agency new york exemption ohio ad valorem tax merchandise owned nonresident storage warehouse allied stores ohio bowers cases involving distinctions drawn according race merely asked whether rational foundation discriminations deferred wisdom state legislatures case bar however deal statutes containing racial classifications fact equal application immunize statute heavy burden justification fourteenth amendment traditionally required state statutes drawn according race state argues statements congress time passage fourteenth amendment indicate framers intend amendment make unconstitutional state miscegenation laws many statements alluded state concern debates freedmen bureau bill president johnson vetoed civil rights act stat enacted veto statements relevance intention congress submitting fourteenth amendment must understood pertained passage specific statutes broader organic purpose constitutional amendment various statements directly concerning fourteenth amendment said connection related problem although historical sources cast light sufficient resolve problem best inconclusive avid proponents amendments undoubtedly intended remove legal distinctions among persons born naturalized opponents certainly antagonistic letter spirit amendments wished limited effect brown board education see also strauder west virginia rejected proposition debates congress state legislatures ratified fourteenth amendment supported theory advanced state requirement equal protection laws satisfied penal laws defining offenses based racial classifications long white negro participants offense similarly punished mclaughlin florida state finds support equal application theory decision pace alabama case upheld conviction alabama statute forbidding adultery fornication white person negro imposed greater penalty statute proscribing similar conduct members race reasoned statute said discriminate negroes punishment participant offense however recently term rejecting reasoning case stated pace represents limited view equal protection clause withstood analysis subsequent decisions mclaughlin florida supra demonstrated equal protection clause requires consideration whether classifications drawn statute constitute arbitrary invidious discrimination clear central purpose fourteenth amendment eliminate official state sources invidious racial discrimination cases wall strauder west virginia ex parte virginia shelley kraemer burton wilmington parking authority question virginia miscegenation statutes rest solely upon distinctions drawn according race statutes proscribe generally accepted conduct engaged members different races years consistently repudiated istinctions citizens solely ancestry odious free people whose institutions founded upon doctrine equality hirabayashi least equal protection clause demands racial classifications especially suspect criminal statutes subjected rigid scrutiny korematsu ever upheld must shown necessary accomplishment permissible state objective independent racial discrimination object fourteenth amendment eliminate indeed two members already stated conceive valid legislative purpose makes color person skin test whether conduct criminal offense mclaughlin florida supra stewart joined douglas concurring patently legitimate overriding purpose independent invidious racial discrimination justifies classification fact virginia prohibits interracial marriages involving white persons demonstrates racial classifications must stand justification measures designed maintain white supremacy consistently denied constitutionality measures restrict rights citizens account race doubt restricting freedom marry solely racial classifications violates central meaning equal protection clause ii marriage one basic civil rights man fundamental existence survival skinner oklahoma see also maynard hill deny fundamental freedom unsupportable basis racial classifications embodied statutes classifications directly subversive principle equality heart fourteenth amendment surely deprive state citizens liberty without due process law fourteenth amendment requires freedom choice marry restricted invidious racial discriminations constitution freedom marry marry person another race resides individual infringed state convictions must reversed ordered footnotes persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws section virginia code provides marriages void without decree marriages white person colored person shall absolutely void without decree divorce legal process code ann repl section virginia code provides intermarriage prohibited meaning term white persons shall hereafter unlawful white person state marry save white person person admixture blood white american indian purpose chapter term white person shall apply person trace whatever blood caucasian persons less blood american indian blood shall deemed white persons laws heretofore passed effect regarding intermarriage white colored persons shall apply marriages prohibited chapter code ann repl section virginia code provides colored persons indians defined every person ascertainable negro blood shall deemed taken colored person every person colored person one fourth american indian blood shall deemed american indian except members indian tribes existing commonwealth one fourth indian blood less one sixteenth negro blood shall deemed tribal indians code ann repl initiation litigation maryland repealed prohibitions interracial marriage md laws leaving virginia statutes outlawing interracial marriage alabama ala art code tit arkansas ark stat ann delaware del code tit florida fla art stat georgia code ann kentucky rev stat ann supp louisiana la rev stat mississippi miss art miss code ann missouri mo rev stat supp north carolina art xiv stat oklahoma okla tit supp south carolina art code ann tennessee tenn art code ann texas tex pen code art west virginia code ann past years repealed laws outlawing interracial marriages arizona california colorado idaho indiana maryland montana nebraska nevada north dakota oregon south dakota utah wyoming first state recognize miscegenation statutes violate equal protection clause california perez sharp cal historical discussion virginia miscegenation statutes see wadlington supra code ann repl code ann repl code ann repl code ann repl appellants point state concern statutes expressed words act title act preserve racial integrity extends integrity white race virginia prohibits whites marrying nonwhite subject exception descendants pocahontas negroes orientals racial class may intermarry without statutory interference appellants contend distinction renders virginia miscegenation statutes arbitrary unreasonable even assuming constitutional validity official purpose preserve racial integrity need reach contention find racial classifications statutes repugnant fourteenth amendment even assuming state purpose protect integrity races justice stewart concurring previously expressed belief simply possible state law valid constitution makes criminality act depend upon race actor mclaughlin florida concurring opinion adhere belief concur judgment