One black family's commitment to a quality education, from the pre-1965…
The Loving Story
- Description
- Reviews
- Citation
- Cataloging
- Transcript
Oscar-shortlist selection THE LOVING STORY, the debut feature by Full Frame Documentary Film Festival founder Nancy Buirski, is the definitive account of Loving v. Virginia-the landmark 1967 Supreme Court decision that legalized interracial marriage.
Married in Washington, D.C. on June 2, 1958, Richard Loving and Mildred Jeter returned home to Virginia where their marriage was declared illegal-he was white, and she was black and Native American. At the time, anti-miscegenation laws were upheld in 16 states. The Lovings refused to leave one another and, with the help of the American Civil Liberties Union, took their case to the courts.
Hope Ryden's luminous, newly discovered 16mm footage of the Lovings and their young ACLU lawyers, Bernard S. Cohen and Philip J. Hirschkop, as well as first-person testimony by their daughter Peggy Loving and rare documentary photographs by LIFE Magazine photographer Grey Villet, recounts the little-known story of the Loving family.
Their case made it all the way to the United States Supreme Court, whose decision-under Chief Justice Earl Warren-finally struck down state laws against interracial marriage throughout the country. THE LOVING STORY takes us behind the scenes of the legal challenges and the emotional turmoil that they entailed, documenting a seminal moment in American history and reflecting a timely message of marriage equality in a personal, human love story.
'Loving v. Virginia changed America.' -The Washington Post
'A perfect time capsule that illuminates the racist past of our country with a uniquely personal and poignant emphasis.' -The Hollywood Reporter
'Highly recommended...informative and emotionally engaging.' -Educational Media Reviews Online
'Their desire to simply live together as husband and wife in their home state led to a Supreme Court ruling that overturned Virginia's law prohibiting interracial marriage and declared all such laws unconstitutional.' -Southern Poverty Law Center
'This story about the Lovings' courage and determination is enough to make viewers care deeply about a legal decision.' -Mother Jones
'In a rich collection of 16-millimeter film, old news clips and still photographs, the Lovings don't look like two people caught up in a cause, they seem like two people caught up in each other.' -The New York Times
'Using evocative photographs, newly unearthed footage and interviews with Lovings' daughter and lawyers, the film reveals the power of love to overcome bigotry.' -Blackvoices, The Huffington Post
'Documenting many pivotal moments in the case, it adds a dash of something rarely seen in the grand narrative of the American Civil Rights struggle: romance.' -Chicago Sun-Times
'The most romantic and moving documentary of the year...' -Bust Magazine
'Above all, the film harbors a lingering sense of personal agency. If the Lovings teach us nothing else, it's that anyone can change the course of history.' -International Documentary Association
'At a time of sometimes raucous public debate on a similar issue, the documentary reminds us that the U.S. usually - if belatedly - works its way toward decisions that come down against discrimination. Highly recommended.' -Video Librarian
'It ranks alongside LET US NOW PRAISE FAMOUS MEN in its stark beauty and searing honesty. THE LOVING STORY should win every award given for documentary film. ... It will also have a welcome audience in classrooms across the country.' -William R. Ferris, Joel Williamson Eminent Professor of History, UNC - Chapel Hill, and former chairman of the National Endowment for the Humanities
Citation
Main credits
Buirski, Nancy (screenwriter)
Buirski, Nancy (film director)
Buirski, Nancy (film producer)
James, Elisabeth Haviland (film producer)
James, Elisabeth Haviland (film editor)
Powell, Susie Ruth (screenwriter)
Loving, Richard Perry (interviewee)
Loving, Mildred Jeter (interviewee)
Other credits
Cinematography, Rex Miller, Steve Milligan, Abbot Mills; editor, Elisabeth Haviland James; original music, David Majzlin.
Distributor subjects
African-American Studies; American Studies; Biographies; Civil rights; Cultural Anthropology; Cultural Studies; Ethics; Family Relations; History (U.S.); Human rights; Jewish Studies; Law; Politics; Racism; Women's StudiesKeywords
00:00:10.400 --> 00:00:20.110
Almighty God created the races,
whites, black, yellow,
00:00:20.110 --> 00:00:23.200
malay, and red.
00:00:23.200 --> 00:00:27.980
And he placed them on
separate continents.
00:00:27.980 --> 00:00:32.110
And but for the interference
with his arrangement, there
00:00:32.110 --> 00:00:35.630
would be no cause for
such marriages.
00:00:35.630 --> 00:00:41.100
The fact that he separated the
races shows that he did not
00:00:41.100 --> 00:00:44.394
intend for the races to mix.
00:01:22.166 --> 00:01:51.489
[MUSIC - "GOING HOME"]
00:01:51.489 --> 00:01:53.882
It was love at first sight.
00:01:53.882 --> 00:01:57.655
To marry someone and then have
to go through all that they
00:01:57.655 --> 00:02:00.052
went through, it was
nothing but love.
00:02:39.230 --> 00:02:41.470
My mom was tall and skinny.
00:02:41.470 --> 00:02:43.350
And they teased her an called
her string bean.
00:02:46.594 --> 00:02:47.078
Wait.
00:02:47.078 --> 00:02:48.328
Sit down.
00:02:50.950 --> 00:02:53.520
And then eventually he knocked
off the string.
00:02:53.520 --> 00:02:56.008
He called her Bean.
00:02:56.008 --> 00:02:57.996
Up.
00:02:57.996 --> 00:02:58.493
OK.
00:02:58.493 --> 00:03:01.475
Here you go.
00:03:01.475 --> 00:03:02.725
Excuse me.
00:03:13.403 --> 00:03:16.385
Ouch.
00:03:16.385 --> 00:03:17.876
My little daughter.
00:03:28.810 --> 00:03:35.768
[CHATTERING]
00:03:35.768 --> 00:03:37.018
Ouch.
00:03:48.290 --> 00:03:50.330
Every time they were pulling
wood they had--
00:03:50.330 --> 00:03:52.064
Where's your boots, baby?
00:03:52.064 --> 00:03:54.920
In the kitchen.
00:03:54.920 --> 00:03:56.930
You gonna pitch on home?
00:03:56.930 --> 00:03:58.180
Yeah.
00:04:17.895 --> 00:04:22.650
We were married on the
second day of June.
00:04:22.650 --> 00:04:30.705
And the police came after
us the 14th of July.
00:04:30.705 --> 00:04:33.896
It was about 2:00 AM.
00:04:33.896 --> 00:04:35.420
And I saw this light,
you know.
00:04:35.420 --> 00:04:38.620
And I woke up, and
it was the police
00:04:38.620 --> 00:04:40.270
standing beside the bed.
00:04:40.270 --> 00:04:43.214
And they told us to get up,
that we was under arrest.
00:04:45.920 --> 00:04:48.225
They came one night, and they
knocked a couple time.
00:04:48.225 --> 00:04:48.971
I hear them.
00:04:48.971 --> 00:04:52.035
And before I could get up, you
know, they just broke the door
00:04:52.035 --> 00:04:53.190
and came on in.
00:04:53.190 --> 00:04:56.680
When we got up, they were
standing beside the bed and
00:04:56.680 --> 00:04:59.186
flashlights.
00:04:59.186 --> 00:05:02.460
They asked Richard who
was that woman he
00:05:02.460 --> 00:05:03.800
was sleeping with.
00:05:03.800 --> 00:05:05.805
And I said, I'm his wife.
00:05:05.805 --> 00:05:08.740
And the sheriff said,
not here you're not.
00:05:08.740 --> 00:05:10.070
And he said, come on.
00:05:10.070 --> 00:05:12.860
Let's go.
00:05:12.860 --> 00:05:17.170
They knew he was coming,
Sheriff Brooks.
00:05:17.170 --> 00:05:19.340
They had gotten the word.
00:05:19.340 --> 00:05:24.038
And he had been there several
times in the daytime and
00:05:24.038 --> 00:05:26.876
they're never home.
00:05:26.876 --> 00:05:29.720
So he went there at 4:00
in the morning.
00:05:29.720 --> 00:05:30.970
They were there.
00:05:34.850 --> 00:05:37.925
A lady carried us to Bowling
Green and locked us up.
00:05:41.885 --> 00:05:44.290
Our jail was hell.
00:05:44.290 --> 00:05:47.296
It had 16 bunks in it.
00:05:47.296 --> 00:05:50.188
But it wasn't no motel.
00:05:50.188 --> 00:05:53.690
When she was arrested she was
put in the small cell, the
00:05:53.690 --> 00:05:54.920
woman's cell.
00:05:54.920 --> 00:05:57.160
They had a sink and a commode.
00:05:57.160 --> 00:05:58.876
And you give them a little
something to
00:05:58.876 --> 00:06:00.960
eat through the door.
00:06:00.960 --> 00:06:02.210
We could only take one woman.
00:06:07.620 --> 00:06:14.420
One afternoon this inmate had
been on the outside working.
00:06:14.420 --> 00:06:15.730
And the sheriff brought
him back.
00:06:15.730 --> 00:06:20.270
And he said, I should let you
go in with her tonight.
00:06:20.270 --> 00:06:21.530
Would have scared me to death.
00:06:30.110 --> 00:06:33.500
They way I feel about it is
there's just a few people that
00:06:33.500 --> 00:06:34.635
lives in this community.
00:06:34.635 --> 00:06:35.730
There's a few white.
00:06:35.730 --> 00:06:36.860
There's a few colored.
00:06:36.860 --> 00:06:40.330
And as we grew up and
as they grew up, we
00:06:40.330 --> 00:06:42.830
all helped one another.
00:06:42.830 --> 00:06:43.890
It was actually mixed
together, you
00:06:43.890 --> 00:06:44.800
know, to start with.
00:06:44.800 --> 00:06:46.300
So it just kept going
that way.
00:06:46.300 --> 00:06:48.750
It's been that way for
years down here.
00:06:48.750 --> 00:06:50.770
There's a lot of us down here,
but we the only ones been
00:06:50.770 --> 00:06:52.120
bothered by it.
00:06:52.120 --> 00:06:54.354
There's a lot of the
same down here.
00:06:54.354 --> 00:06:55.238
Is that right?
00:06:55.238 --> 00:06:55.680
Yeah.
00:06:55.680 --> 00:06:58.310
But see, some people that
didn't like us,
00:06:58.310 --> 00:06:59.710
they just talk, see?
00:06:59.710 --> 00:07:02.608
And started the dog rolling.
00:07:02.608 --> 00:07:06.240
Do you know any other couples
who are in the same situation?
00:07:06.240 --> 00:07:06.650
Yeah.
00:07:06.650 --> 00:07:07.235
I know some.
00:07:07.235 --> 00:07:08.330
But I wouldn't call
their names.
00:07:08.330 --> 00:07:10.013
No.
00:07:10.013 --> 00:07:11.777
I just wondered if you did.
00:07:11.777 --> 00:07:12.220
Yeah.
00:07:12.220 --> 00:07:13.470
I know a few.
00:07:18.830 --> 00:07:22.910
I wonder why they picked
on you, then.
00:07:22.910 --> 00:07:23.720
That I don't know.
00:07:23.720 --> 00:07:27.220
I never found out if
somebody talked.
00:07:32.110 --> 00:07:35.620
The Lovings were married in 1958
outside of Virginia here
00:07:35.620 --> 00:07:37.220
in the District of Columbia.
00:07:37.220 --> 00:07:40.570
But they were convicted under
Virginia law, which forbids
00:07:40.570 --> 00:07:43.740
any white person and colored
person from leaving the state
00:07:43.740 --> 00:07:46.400
for the purpose of marrying
each other and with the
00:07:46.400 --> 00:07:48.040
intention of returning.
00:07:48.040 --> 00:07:50.910
They were sentenced to a year
in jail, but the sentences
00:07:50.910 --> 00:07:54.730
were suspended on condition
they leave Virginia.
00:07:54.730 --> 00:07:57.460
The legal term is
miscegenation.
00:07:57.460 --> 00:08:00.830
And those who support such laws
claim they are necessary
00:08:00.830 --> 00:08:04.260
in order to preserve the
purity of the races.
00:08:04.260 --> 00:08:07.470
In all the field of race
relations probably nothing is
00:08:07.470 --> 00:08:11.920
more sensitive than the issue
of intermarriage.
00:08:11.920 --> 00:08:15.460
We went to Washington
to be married.
00:08:15.460 --> 00:08:21.172
And I guess that's why
we went there.
00:08:21.172 --> 00:08:24.260
People had been mixing
all the time, so I
00:08:24.260 --> 00:08:25.180
didn't know any different.
00:08:25.180 --> 00:08:27.050
I didn't know there was
a law against it.
00:08:32.822 --> 00:08:34.420
You know, the white and colored
00:08:34.420 --> 00:08:35.410
went to school different.
00:08:35.410 --> 00:08:41.290
And things like that,
you know.
00:08:41.290 --> 00:08:44.620
They could go in the
same restaurants.
00:08:44.620 --> 00:08:47.420
I knew that.
00:08:47.420 --> 00:08:52.214
But I didn't realize how bad it
was until we got married.
00:08:55.567 --> 00:08:59.820
We were under a $1,000 bond.
00:08:59.820 --> 00:09:06.960
And his sister got a bonding
company to get him out.
00:09:06.960 --> 00:09:09.650
And they told the bonding
company if they tried to get
00:09:09.650 --> 00:09:12.010
me out that they would
put him back in jail.
00:09:17.270 --> 00:09:20.800
I stayed there until Thursday.
00:09:20.800 --> 00:09:21.760
They let me come home.
00:09:21.760 --> 00:09:25.920
But I was under my father's
responsibility.
00:09:25.920 --> 00:09:29.830
I didn't have a bond, but he
had to make sure that I got
00:09:29.830 --> 00:09:31.080
back to court.
00:09:35.010 --> 00:09:37.206
He went to his parents' home.
00:09:37.206 --> 00:09:39.410
I went to my parents' home.
00:09:43.080 --> 00:09:44.510
They had a trial.
00:09:44.510 --> 00:09:47.850
They sentenced us to one year
in a state penitentiary.
00:09:47.850 --> 00:09:51.350
Then they suspended for 25 years
and said that we had to
00:09:51.350 --> 00:09:52.600
leave the state.
00:09:54.940 --> 00:09:57.530
But the way I understood it the
law said that we come back
00:09:57.530 --> 00:09:59.060
to visit, you know,
when we wanted to.
00:10:01.920 --> 00:10:04.390
So that Easter we came back,
and they got us again.
00:10:10.435 --> 00:10:13.060
We left and went to DC.
00:10:13.060 --> 00:10:14.310
Stayed there.
00:10:17.122 --> 00:10:20.390
But I didn't want to, you know,
leave away from around
00:10:20.390 --> 00:10:22.365
my family and friends.
00:10:22.365 --> 00:10:27.094
And that wasn't home,
in Washington.
00:10:27.094 --> 00:10:29.030
Well, I just wanted
to go back home.
00:10:45.554 --> 00:10:49.286
My dad and mom lived
about three or four
00:10:49.286 --> 00:10:51.110
miles from one another.
00:10:51.110 --> 00:10:52.860
But they just grew up
in the community.
00:10:52.860 --> 00:10:56.520
Her brothers would play music,
the guitar, the fiddle.
00:10:56.520 --> 00:10:58.444
And I guess that's
how they met.
00:11:01.820 --> 00:11:06.220
When we first met, I
didn't like him.
00:11:06.220 --> 00:11:06.740
I don't know.
00:11:06.740 --> 00:11:08.154
He was arrogant.
00:11:08.154 --> 00:11:12.840
But I got to know him, and he
was a very nice person.
00:11:12.840 --> 00:11:19.790
I guess we dated on and
off a couple of years
00:11:19.790 --> 00:11:21.346
before we were married.
00:11:24.552 --> 00:11:28.270
Now that they've married, do you
see them as being happy?
00:11:28.270 --> 00:11:31.970
They seem to be very happy every
time I see them together
00:11:31.970 --> 00:11:32.820
or anywhere.
00:11:32.820 --> 00:11:34.320
I've been in the home,
they're happy.
00:11:34.320 --> 00:11:37.266
And I've been in the car with
them, they were happy.
00:11:37.266 --> 00:11:39.690
They seem to be very happy.
00:11:39.690 --> 00:11:42.022
Well, has that changed the
way you look at it any?
00:11:42.022 --> 00:11:42.494
No.
00:11:42.494 --> 00:11:44.382
I don't--
00:11:44.382 --> 00:11:46.390
I just like them, that's all.
00:11:46.390 --> 00:11:47.340
I like her.
00:11:47.340 --> 00:11:48.140
I like him.
00:11:48.140 --> 00:11:50.342
His mother, her mother
and all.
00:11:50.342 --> 00:11:53.690
Well, suppose we backed
up to before they'd
00:11:53.690 --> 00:11:55.120
gotten married again.
00:11:55.120 --> 00:11:58.130
Would you give them
the same advice?
00:11:58.130 --> 00:11:58.780
What would you tell them?
00:11:58.780 --> 00:12:01.608
Well, I don't know whether
I would or not.
00:12:01.608 --> 00:12:05.650
I don't know whether I'd
tell them or not.
00:12:05.650 --> 00:12:08.300
Did you advise them not to
get married at first?
00:12:08.300 --> 00:12:08.575
No.
00:12:08.575 --> 00:12:11.120
I didn't advise him not
to get married.
00:12:11.120 --> 00:12:15.655
I just told him he ought to, you
know, not to go up there.
00:12:15.655 --> 00:12:19.110
But he went up there,
and he was married.
00:12:19.110 --> 00:12:22.241
And I didn't know anything about
when he got married.
00:12:22.241 --> 00:12:24.930
Well, living here in this
community where Richard and
00:12:24.930 --> 00:12:28.440
Mildred both grew up right
around this area, has your
00:12:28.440 --> 00:12:30.308
life been any different
since they did get--
00:12:30.308 --> 00:12:30.766
No.
00:12:30.766 --> 00:12:31.682
--married?
00:12:31.682 --> 00:12:32.600
Mm mm.
00:12:32.600 --> 00:12:37.150
What is it like being the mother
of a fellow who grows
00:12:37.150 --> 00:12:42.340
up and kind of, as we all do,
wants to go his own way?
00:12:42.340 --> 00:12:46.804
Well, I don't know.
00:12:46.804 --> 00:12:48.054
[MUSIC - "ROCKET 88"
BY JACKIE BRENSTON]
00:13:25.040 --> 00:13:27.030
They used to drag race.
00:13:27.030 --> 00:13:29.170
And pretty well that's
what they did.
00:13:29.170 --> 00:13:30.720
He worked all week.
00:13:30.720 --> 00:13:33.930
But come Saturday they would
go to the race track.
00:13:33.930 --> 00:13:36.530
They decided to get
a race car.
00:13:36.530 --> 00:13:39.840
And the three guys,
they worked on
00:13:39.840 --> 00:13:41.546
cars and got it together.
00:13:41.546 --> 00:13:43.365
And of course the women
just followed along.
00:13:56.850 --> 00:14:01.195
And we built that car and ran
it on several dragstrips.
00:14:01.195 --> 00:14:07.470
And with the car we had 99
trophies, 33 apiece.
00:14:07.470 --> 00:14:11.592
And we'd win the money
piratically every Sunday.
00:14:11.592 --> 00:14:15.600
And if we didn't win the money,
we tied the car up and
00:14:15.600 --> 00:14:16.930
had to work on the car
next week, get it
00:14:16.930 --> 00:14:17.890
ready for another race.
00:14:17.890 --> 00:14:19.750
But it was a great
running car.
00:14:28.890 --> 00:14:32.880
Many light-skinned blacks
decided to hang with Richard
00:14:32.880 --> 00:14:36.500
because his whiteness
validated theirs.
00:14:36.500 --> 00:14:41.300
His whiteness aside, those who
knew him described him as a
00:14:41.300 --> 00:14:45.870
very warm men, very affable,
very friendly, equally
00:14:45.870 --> 00:14:47.760
comfortable in any setting.
00:14:47.760 --> 00:14:50.380
Whether he was with a group of
white man, whether he was with
00:14:50.380 --> 00:14:54.180
a group of black man, he could
blend and mix with any people.
00:15:00.072 --> 00:15:04.760
In Center Point, we used
to gather at one place.
00:15:04.760 --> 00:15:05.760
It was just a curve.
00:15:05.760 --> 00:15:08.130
And people just parked there and
had beers and everything.
00:15:08.130 --> 00:15:10.510
So Richard was always there.
00:15:10.510 --> 00:15:12.417
Well, he was part of
the neighborhood.
00:15:23.360 --> 00:15:27.800
I mean, we just grew up all
as a family together.
00:15:27.800 --> 00:15:31.660
We never knew nothing about all
of this racial stuff that
00:15:31.660 --> 00:15:34.440
they talk about.
00:15:34.440 --> 00:15:42.250
And if the government had left
them people alone, it would
00:15:42.250 --> 00:15:44.640
never been no problem there.
00:15:44.640 --> 00:15:46.270
There was no difference
in them.
00:15:46.270 --> 00:15:50.234
They were all working, trying
to make a living.
00:15:50.234 --> 00:15:52.840
And just because they didn't go
to the same church didn't
00:15:52.840 --> 00:15:54.330
mean that they weren't
good people.
00:15:58.506 --> 00:16:02.870
The families then were so close
if you had a crop you
00:16:02.870 --> 00:16:04.530
had to get it in, well,
you call the
00:16:04.530 --> 00:16:06.590
neighbors to come over.
00:16:06.590 --> 00:16:09.310
And everybody worked
with everybody.
00:16:09.310 --> 00:16:12.920
But that was just the way life
was in Caroline county.
00:16:16.140 --> 00:16:19.910
Remember hearing the children
kind of snickering back and
00:16:19.910 --> 00:16:26.410
forth about that family, mixing
with the black a lot.
00:16:26.410 --> 00:16:31.130
And I used to think it was sad
because my mom had always
00:16:31.130 --> 00:16:35.890
taught us from babies, little
children if you didn't have
00:16:35.890 --> 00:16:39.640
anything good to say about
someone not to
00:16:39.640 --> 00:16:41.590
say anything at all.
00:16:41.590 --> 00:16:43.340
And that used to really
bother me.
00:16:43.340 --> 00:16:48.330
So I would come home and I'd
ask my mom questions.
00:16:48.330 --> 00:16:52.420
They found out that my mother
was a Loving, and they used to
00:16:52.420 --> 00:16:54.090
worry me about it.
00:16:54.090 --> 00:16:56.149
And I would ask mom
about that.
00:16:56.149 --> 00:16:59.470
And she would say, well, we were
always told we weren't
00:16:59.470 --> 00:17:00.930
any kin to him.
00:17:00.930 --> 00:17:04.740
Richard lived down in the
community where most of the
00:17:04.740 --> 00:17:06.970
Indians lived.
00:17:06.970 --> 00:17:10.480
I don't know if Mildred had
any Indian in her or not,
00:17:10.480 --> 00:17:12.740
possibly could have.
00:17:12.740 --> 00:17:16.780
And if they got romantically
involved or whatever, they
00:17:16.780 --> 00:17:18.030
kept it to themselves.
00:17:20.800 --> 00:17:23.145
Because everybody knew that
that was a no-no.
00:17:23.145 --> 00:17:25.528
That was against the law.
00:17:25.528 --> 00:17:28.702
So I'm not saying it
didn't happen.
00:17:28.702 --> 00:17:30.410
I'm saying they kept
it under cover.
00:17:34.155 --> 00:17:35.470
It was just every weekend.
00:17:35.470 --> 00:17:36.850
And someone would gather.
00:17:36.850 --> 00:17:38.635
And someone would bring in
a musical instrument.
00:17:38.635 --> 00:17:40.530
And next thing you know you
had two or three more.
00:17:40.530 --> 00:17:44.800
And people were just dancing
and having a good time.
00:17:44.800 --> 00:17:48.260
The sheriff, he stopped by one
Saturday evening, and he was
00:17:48.260 --> 00:17:49.630
looking at driver's licenses.
00:17:49.630 --> 00:17:55.520
So some people went for
white and some Indian.
00:17:55.520 --> 00:17:58.400
But some Indians went
for white too on
00:17:58.400 --> 00:17:59.290
their driver's licenses.
00:17:59.290 --> 00:18:03.120
So he tore everybody's
licenses up.
00:18:03.120 --> 00:18:06.460
And then he was parked to see
who was going to drive their
00:18:06.460 --> 00:18:08.610
cars without licenses.
00:18:08.610 --> 00:18:09.900
And he had the power to do it.
00:18:09.900 --> 00:18:12.990
He was the sheriff, you see.
00:18:12.990 --> 00:18:18.190
Garnett was a very
stern, stern man.
00:18:18.190 --> 00:18:22.430
And he did things his way.
00:18:22.430 --> 00:18:24.680
He didn't get along well
with the black people.
00:18:27.340 --> 00:18:31.715
He, in my opinion, was a
little bit prejudiced.
00:18:34.980 --> 00:18:37.350
And the blacks knew
he was that way.
00:18:40.730 --> 00:18:43.670
I don't think an order came down
when he found out where
00:18:43.670 --> 00:18:44.540
they were living.
00:18:44.540 --> 00:18:47.220
He went down there at 4:00 in
the morning and knocked the
00:18:47.220 --> 00:18:50.930
door down and went in and got
them and put them in jail.
00:18:50.930 --> 00:18:55.030
They stayed in jail
until their trial.
00:18:55.030 --> 00:18:58.990
And Judge Bazile, that's
when he evicted
00:18:58.990 --> 00:19:00.240
them out of the county.
00:19:04.451 --> 00:19:08.690
You know, I lived beside Sheriff
Brooks all my life.
00:19:11.590 --> 00:19:17.165
And let's just say that he had
ways of doing things that I
00:19:17.165 --> 00:19:19.620
didn't approve of.
00:19:19.620 --> 00:19:25.640
Mr. Loving, the court of
Virginia found you guilty of
00:19:25.640 --> 00:19:27.020
violating their laws.
00:19:27.020 --> 00:19:29.690
And what did they tell
you had to do?
00:19:29.690 --> 00:19:33.980
Were you supposed to
divorce or what?
00:19:36.520 --> 00:19:37.770
They said I had to
leave the state.
00:19:41.260 --> 00:19:43.990
And what happened after that?
00:19:43.990 --> 00:19:46.560
Well, I left.
00:19:46.560 --> 00:19:47.360
And took your wife with you.
00:19:47.360 --> 00:19:49.520
That's right.
00:19:49.520 --> 00:19:51.060
And that's the way I feel
about it again.
00:19:51.060 --> 00:19:53.850
If it's necessary, I'll leave
again and take her.
00:19:53.850 --> 00:19:55.140
I'm not going to divorce her.
00:20:31.530 --> 00:20:34.320
DC was very miserable.
00:20:34.320 --> 00:20:37.290
She felt totally divorced
from the world.
00:20:44.770 --> 00:20:48.240
Aside from the fact that she
had been banished there and
00:20:48.240 --> 00:20:51.520
was living there because some
judge had said that you can't
00:20:51.520 --> 00:20:56.800
live with your husband in
Virginia, she never really
00:20:56.800 --> 00:20:58.450
adapted to city life.
00:21:03.320 --> 00:21:07.810
Growing up in the country in a
rural area where she had room
00:21:07.810 --> 00:21:11.230
and her children had room to
play, being in the city just
00:21:11.230 --> 00:21:12.990
was not when she was
accustomed to.
00:21:20.540 --> 00:21:23.770
We came home one Christmas
and I was born.
00:21:23.770 --> 00:21:25.200
We were here in Virginia.
00:21:25.200 --> 00:21:27.560
They could come back
separate, but they
00:21:27.560 --> 00:21:30.120
couldn't come back together.
00:21:30.120 --> 00:21:34.970
But knowing them they probably
came back together.
00:21:34.970 --> 00:21:36.770
My daddy was very firm.
00:21:36.770 --> 00:21:41.250
He didn't say much, but when he
put his mind to something
00:21:41.250 --> 00:21:42.390
he's going to do it.
00:21:42.390 --> 00:21:46.400
And when they wanted to come
back to Virginia junior for
00:21:46.400 --> 00:21:48.795
any reason, they gonna
come back together.
00:21:48.795 --> 00:21:50.070
You know, they'd just
take that chance.
00:22:00.230 --> 00:22:03.730
Once they get back they might
have been shaky about being
00:22:03.730 --> 00:22:04.980
rearrested.
00:22:07.350 --> 00:22:08.860
Friends would let them
know, you know,
00:22:08.860 --> 00:22:10.210
if they hear anything.
00:22:10.210 --> 00:22:14.256
Little conversations, and they
were kind of like a whisper.
00:22:14.256 --> 00:22:16.370
Know we don't supposed
to be here.
00:22:16.370 --> 00:22:17.620
We're hiding.
00:22:24.075 --> 00:22:28.300
My great-uncle's house, we
called it the big house.
00:22:28.300 --> 00:22:30.360
But it was actually
a boarding house.
00:22:30.360 --> 00:22:33.270
That certainly made it easier to
slip in and out unnoticed.
00:22:36.550 --> 00:22:38.700
I would always nobody knew
when Mildred was in town
00:22:38.700 --> 00:22:41.250
because the children, usually
the oldest boy, Sidney, would
00:22:41.250 --> 00:22:44.110
come over, and we would play.
00:22:44.110 --> 00:22:48.280
And I often played with Sidney
just the two of us.
00:22:48.280 --> 00:22:51.080
And sometimes they other younger
siblings would play
00:22:51.080 --> 00:22:52.440
with us as well.
00:22:52.440 --> 00:22:55.740
And then I knew that Mildred
was there in the house
00:22:55.740 --> 00:22:57.790
visiting her sister, Garnet.
00:22:57.790 --> 00:23:01.690
And then later on in the
evenings, we would see Richard
00:23:01.690 --> 00:23:03.910
coming in, usually from
the other direction.
00:23:26.710 --> 00:23:30.720
You never saw him outside.
00:23:30.720 --> 00:23:32.510
He was always inside
the house.
00:23:48.410 --> 00:23:51.990
The children didn't have
anywhere to play.
00:23:51.990 --> 00:23:53.300
They would--
00:23:53.300 --> 00:23:54.900
Like being caged.
00:23:54.900 --> 00:23:56.240
And I couldn't stand it.
00:23:56.240 --> 00:23:57.490
I couldn't take it.
00:24:05.370 --> 00:24:08.950
My oldest son came back and
told me that Donald
00:24:08.950 --> 00:24:11.130
had be hit by a car.
00:24:11.130 --> 00:24:13.050
I didn't know what to do.
00:24:13.050 --> 00:24:15.350
I knew I had to go to him,
but I didn't knew if
00:24:15.350 --> 00:24:17.335
he were dead or--
00:24:17.335 --> 00:24:20.370
He was sitting up in
the street crying.
00:24:20.370 --> 00:24:24.620
And I think that was the straw
that broke the camel's back.
00:24:24.620 --> 00:24:26.010
I had to get out of there.
00:24:31.540 --> 00:24:33.260
I was so unhappy.
00:24:33.260 --> 00:24:36.880
I was complaining to my
cousin constantly.
00:24:36.880 --> 00:24:39.516
So one Saturday I guess
she got tired of it.
00:24:39.516 --> 00:24:42.910
And she told me, said, write
to Bobby Kennedy.
00:24:42.910 --> 00:24:43.560
He'll help you.
00:24:43.560 --> 00:24:44.950
That's what he's up there for.
00:24:48.387 --> 00:24:51.300
Just 100 years after Lincoln
signed the Emancipation
00:24:51.300 --> 00:24:54.820
Proclamation that freed the
slaves, 200,000 people
00:24:54.820 --> 00:24:56.610
converge on the nation's
capital to
00:24:56.610 --> 00:24:58.120
rally for civil rights.
00:24:58.120 --> 00:24:59.330
They come by train.
00:24:59.330 --> 00:25:01.680
They come by bus and by air.
00:25:01.680 --> 00:25:04.030
They come from the north, the
south, the east and west.
00:25:04.030 --> 00:25:07.460
They come united in one cause,
to urge Congress to pass a
00:25:07.460 --> 00:25:09.600
civil rights bill to
end forever the
00:25:09.600 --> 00:25:11.890
blight of racial inequity.
00:25:11.890 --> 00:25:17.595
This great throng with a cause
gathers on the Mall--
00:25:17.595 --> 00:25:20.310
I wasn't involved with the
civil rights movement.
00:25:20.310 --> 00:25:23.850
The only thing I know is what
everybody saw on the news.
00:25:23.850 --> 00:25:28.400
I knew Dr. King was out there,
but I never met him.
00:25:28.400 --> 00:25:30.620
I would have loved
to, but I didn't.
00:25:37.120 --> 00:25:41.720
I wasn't in anything concerning
civil rights.
00:25:41.720 --> 00:25:44.620
We were trying to get
back to Virginia.
00:25:44.620 --> 00:25:49.190
That was our goal,
to get back home.
00:25:49.190 --> 00:25:50.190
No.
00:25:50.190 --> 00:25:54.142
Let go of your hand.
00:25:54.142 --> 00:25:55.392
Look up.
00:25:58.588 --> 00:26:00.070
No I don't need my boots.
00:26:08.468 --> 00:26:12.914
[CHATTERING]
00:26:12.914 --> 00:26:13.902
One of them is 12.
00:26:13.902 --> 00:26:17.360
One of them is 6.
00:26:17.360 --> 00:26:19.870
How did you find
out what to do?
00:26:19.870 --> 00:26:21.380
She wrote to--
00:26:21.380 --> 00:26:22.907
Who'd you write to?
00:26:22.907 --> 00:26:25.530
Robert Kennedy.
00:26:25.530 --> 00:26:26.845
To Robert Kennedy?
00:26:26.845 --> 00:26:28.330
And did he answer?
00:26:28.330 --> 00:26:29.320
Yeah.
00:26:29.320 --> 00:26:33.775
And he said there wasn't
anything he could do but to
00:26:33.775 --> 00:26:38.230
write to the American Civil
Liberties Union.
00:26:38.230 --> 00:26:42.685
And I wrote to them and I told
them what happened and that
00:26:42.685 --> 00:26:46.150
Mr. Kennedy asked me
to write to them.
00:26:46.150 --> 00:26:50.605
And I guess it was about a week
and Mr. Cohen called.
00:26:50.605 --> 00:26:54.090
And he told me that he was
going to take the case.
00:26:54.090 --> 00:26:59.310
Well, when Mr. and Mrs. Loving
were having their problems,
00:26:59.310 --> 00:27:01.610
they wrote to the Attorney
General of the United States,
00:27:01.610 --> 00:27:05.190
who was then Robert Kennedy, and
asked if the civil rights
00:27:05.190 --> 00:27:07.720
bills that were being discussed
in Congress at that
00:27:07.720 --> 00:27:11.080
time-- let's see, I
guess was 1963--
00:27:11.080 --> 00:27:14.520
would give them any relief
from their problem.
00:27:14.520 --> 00:27:17.100
And he wrote back and told them
that it would not but
00:27:17.100 --> 00:27:19.110
suggested that they get in touch
with the American Civil
00:27:19.110 --> 00:27:20.090
Liberties Union.
00:27:20.090 --> 00:27:21.580
Here's the date, so
we can be sure.
00:27:21.580 --> 00:27:23.660
That was June 20, 1963.
00:27:23.660 --> 00:27:26.410
And they were living in
Washington, DC at the time.
00:27:26.410 --> 00:27:29.590
"Dear sir, I am writing to you
concerning a problem we have.
00:27:29.590 --> 00:27:31.600
Five years ago my husband
and I were
00:27:31.600 --> 00:27:33.420
married here in the District.
00:27:33.420 --> 00:27:35.890
We then return to Virginia
to live.
00:27:35.890 --> 00:27:37.300
"My husband is white.
00:27:37.300 --> 00:27:39.720
I am part Negro and
part Indian.
00:27:39.720 --> 00:27:42.400
At the time we did not know
there was a law in Virginia
00:27:42.400 --> 00:27:44.020
against mixed marriages.
00:27:44.020 --> 00:27:47.090
Therefore, we were jailed and
tried in a little town of
00:27:47.090 --> 00:27:48.630
Bowling Green.
00:27:48.630 --> 00:27:53.190
We were to leave the state
to make our home.
00:27:53.190 --> 00:27:55.640
We have three children and
cannot afford an attorney.
00:27:55.640 --> 00:27:57.250
"We wrote to the Attorney
General.
00:27:57.250 --> 00:28:00.370
He suggested that we get in
touch with you for advice.
00:28:00.370 --> 00:28:01.760
Please help us if you can.
00:28:01.760 --> 00:28:03.350
Hope to hear from
you real soon.
00:28:03.350 --> 00:28:06.910
Yours truly, Mr. and Mrs.
Richard Loving." And it was
00:28:06.910 --> 00:28:10.930
that simple letter that got us
into this not so simple case.
00:28:10.930 --> 00:28:13.330
Now I feel that god
had a purpose in
00:28:13.330 --> 00:28:15.830
creating the races separate.
00:28:15.830 --> 00:28:19.295
I am so proud of Negros who
are proud of being Negros.
00:28:19.295 --> 00:28:21.150
They are what god made them.
00:28:21.150 --> 00:28:25.144
And I'm proud of being white
because I am what my white
00:28:25.144 --> 00:28:26.990
race has made me.
00:28:26.990 --> 00:28:30.840
I'm white today because my
parents practiced segregation.
00:28:30.840 --> 00:28:33.780
And I wouldn't be anything
but white.
00:28:33.780 --> 00:28:36.788
And I love Negros who wouldn't
be anything but Negros.
00:28:52.420 --> 00:28:59.460
Beginning in the late 1800s
after emancipation during the
00:28:59.460 --> 00:29:03.580
Reconstruction Era, one southern
state after another
00:29:03.580 --> 00:29:08.700
go to great lengths to specify
who is white and who is not.
00:29:08.700 --> 00:29:14.440
This begins the process of
racial classification.
00:29:14.440 --> 00:29:18.590
On into the 20th century
southern states began to
00:29:18.590 --> 00:29:22.820
tighten that rule so that they
made membership in the race
00:29:22.820 --> 00:29:24.560
more exclusive.
00:29:24.560 --> 00:29:28.480
And this brings us to the Racial
Integrity Act passed in
00:29:28.480 --> 00:29:31.390
the state of Virginia in 1924.
00:29:31.390 --> 00:29:35.702
The rule was that if there was
a discernible trace of
00:29:35.702 --> 00:29:40.770
non-white blood then the person
was legally classified
00:29:40.770 --> 00:29:42.210
as non-white.
00:29:42.210 --> 00:29:46.690
That in order to be white one
has to be 99.9% pure.
00:29:46.690 --> 00:29:51.290
What Virginia referred to as a
Racial Integrity Act was more
00:29:51.290 --> 00:29:53.310
accurately a white
supremacy act.
00:29:57.420 --> 00:30:00.080
Being white meant a lot
more than skin color.
00:30:00.080 --> 00:30:03.100
Being white meant being the
inheritor of the Greeks and
00:30:03.100 --> 00:30:06.000
the Romans and of Thomas
Jefferson and James Madison
00:30:06.000 --> 00:30:07.770
and George Washington.
00:30:07.770 --> 00:30:11.760
Being white meant being the
people who, by God's will,
00:30:11.760 --> 00:30:15.420
seemed to be in charge, not only
of Virginia, not only of
00:30:15.420 --> 00:30:16.725
America, but of the world.
00:30:20.070 --> 00:30:22.070
It's hardly surprising that
people would want to protect
00:30:22.070 --> 00:30:25.550
that and that people would turn
it into a fetish and that
00:30:25.550 --> 00:30:30.620
people would assume that that
must be guarded with law and
00:30:30.620 --> 00:30:31.870
violence, if necessary.
00:30:34.918 --> 00:30:38.653
All a man would have to
do is go to Puerto
00:30:38.653 --> 00:30:40.894
Rico or Cuba and see--
00:30:40.894 --> 00:30:42.388
Go to South America.
00:30:42.388 --> 00:30:45.376
You'll see what mixing
of the races can do.
00:30:45.376 --> 00:30:49.609
All you have to do is go down
there where there is no color
00:30:49.609 --> 00:30:53.488
line, where everybody are
mongrels and half-breeds.
00:30:53.488 --> 00:30:58.757
Long as God lets me live my two
children will never sit
00:30:58.757 --> 00:31:03.830
beside a bu-- excuse me, a
nigger in a public school.
00:31:03.830 --> 00:31:06.410
It'll never happen.
00:31:06.410 --> 00:31:13.520
And our people feel and are
convinced from evidence
00:31:13.520 --> 00:31:17.830
existing in abundance,
principally from the District
00:31:17.830 --> 00:31:22.380
of Columbia, that the mixing
of the races will destroy
00:31:22.380 --> 00:31:23.550
public education.
00:31:23.550 --> 00:31:24.620
Excuse me.
00:31:24.620 --> 00:31:27.018
I'd like very much to talk
to you about any of your
00:31:27.018 --> 00:31:30.701
reactions to this educational
problem here in this county.
00:31:30.701 --> 00:31:32.665
Shut the door, maybe we will.
00:31:32.665 --> 00:31:33.647
Talk to them.
00:31:33.647 --> 00:31:36.593
Could you shut the
door, please?
00:31:36.593 --> 00:31:40.030
I noticed you were sitting in
the meeting this morning.
00:31:40.030 --> 00:31:42.360
I wonder what your reactions
were or why you came.
00:31:42.360 --> 00:31:43.770
I was invited to come.
00:31:43.770 --> 00:31:44.710
By whom?
00:31:44.710 --> 00:31:49.150
A lady friend of mine who's
in the building here.
00:31:49.150 --> 00:31:50.734
By one of the supervisors.
00:31:50.734 --> 00:31:51.231
That's all.
00:31:51.231 --> 00:31:54.710
And what do you feel about
this whole situation?
00:31:54.710 --> 00:31:55.704
You get it.
00:31:55.704 --> 00:31:58.189
I'll take you one at a time.
00:31:58.189 --> 00:32:01.171
I think that we are very
satisfied with the conditions
00:32:01.171 --> 00:32:02.662
as they are now.
00:32:02.662 --> 00:32:05.644
And we don't want
a lot of change.
00:32:05.644 --> 00:32:08.626
We like to keep it as it is.
00:32:08.626 --> 00:32:13.610
Let each person stay on the
inside of the fence.
00:32:13.610 --> 00:32:15.537
You wouldn't be for
desegregation at
00:32:15.537 --> 00:32:16.650
all, then, would you?
00:32:16.650 --> 00:32:16.825
No.
00:32:16.825 --> 00:32:19.946
I think segregation is
the proper thing.
00:32:19.946 --> 00:32:22.400
What about this business that
a lot of people say about
00:32:22.400 --> 00:32:24.000
being created equal?
00:32:24.000 --> 00:32:26.040
What's your feelings
about that?
00:32:26.040 --> 00:32:27.410
I don't think they are.
00:32:27.410 --> 00:32:29.800
Some of my best friends
are Negros.
00:32:29.800 --> 00:32:34.720
If I got into trouble I think
the Negros would come to me as
00:32:34.720 --> 00:32:37.654
quick as anybody else
in the world.
00:32:37.654 --> 00:32:39.610
I give you a little instance.
00:32:39.610 --> 00:32:42.299
I was standing down on the
street with a gentleman from
00:32:42.299 --> 00:32:45.967
another city last Saturday,
and I reckon 20
00:32:45.967 --> 00:32:47.434
to 30 Negros passed.
00:32:47.434 --> 00:32:48.901
And I spoke to them.
00:32:48.901 --> 00:32:49.390
Good morning, John.
00:32:49.390 --> 00:32:50.368
How are you getting along?
00:32:50.368 --> 00:32:51.835
Very well, thank
you, Mr. Ward.
00:32:51.835 --> 00:32:52.813
Getting on fine.
00:32:52.813 --> 00:32:57.390
And that went on for
15 to 20 Negros in
00:32:57.390 --> 00:32:59.040
less than 15 minutes.
00:32:59.040 --> 00:33:02.800
And we love our people.
00:33:02.800 --> 00:33:05.790
The laws are simply
relics of slavery.
00:33:05.790 --> 00:33:08.190
And there are maintained to keep
the colored person down
00:33:08.190 --> 00:33:09.190
and the white person up.
00:33:09.190 --> 00:33:10.695
And that's the simple
truth of the case.
00:33:10.695 --> 00:33:13.470
And I think that if you talk
to the average man on the
00:33:13.470 --> 00:33:16.880
street he would tell you that
marriage is a fundamental
00:33:16.880 --> 00:33:17.820
right of man.
00:33:17.820 --> 00:33:21.110
This is my personal opinion.
00:33:21.110 --> 00:33:24.753
I think that the problem goes
back into your basic beliefs.
00:33:24.753 --> 00:33:28.540
And I think that the basic thing
that the people of the
00:33:28.540 --> 00:33:32.720
South are thinking about is
intermixture of the races.
00:33:32.720 --> 00:33:36.320
And I don't see how you can keep
intermixture of the races
00:33:36.320 --> 00:33:37.860
if you have integration.
00:33:37.860 --> 00:33:41.480
I'm not saying that would happen
immediately, but I say
00:33:41.480 --> 00:33:45.400
that some of the lower class
white people would probably
00:33:45.400 --> 00:33:49.800
marry with some of your better
Negros, perhaps, or some of
00:33:49.800 --> 00:33:53.575
your lower Negros, that there
would, in time, come forth one
00:33:53.575 --> 00:33:55.710
of those would marry with some
of your better class white
00:33:55.710 --> 00:33:59.530
people, your farmers around
here, your people who own
00:33:59.530 --> 00:34:00.209
their own farms.
00:34:00.209 --> 00:34:02.986
Then the first thing you know
we would be a mongrel race.
00:34:10.650 --> 00:34:12.260
Segregation, from the
very beginning was
00:34:12.260 --> 00:34:13.769
fundamentally about sex.
00:34:13.769 --> 00:34:18.240
It was designed to prevent men
and women of different races,
00:34:18.240 --> 00:34:21.340
black and white, from occupying
the same spaces in
00:34:21.340 --> 00:34:22.570
which they might be tempted.
00:34:22.570 --> 00:34:26.450
And so the more intimate a space
was, a railroad car, a
00:34:26.450 --> 00:34:30.769
parlor, a restaurant, a school
room, the more likely it was
00:34:30.769 --> 00:34:32.610
to be segregated.
00:34:32.610 --> 00:34:36.220
Ironically, the Loving case,
being about love and being
00:34:36.220 --> 00:34:38.459
about sex, is actually
was segregation
00:34:38.459 --> 00:34:42.050
was about all along.
00:34:42.050 --> 00:34:46.110
Challenging the
anti-miscegenation laws was
00:34:46.110 --> 00:34:51.030
the most serious threat to the
white racists, and even those
00:34:51.030 --> 00:34:55.380
whites who were not racist but
were very pro establish.
00:34:55.380 --> 00:35:00.050
I looked at it as an
unbelievable challenge for a
00:35:00.050 --> 00:35:04.730
lawyer one or two years out of
law school to be getting
00:35:04.730 --> 00:35:08.935
involved in what was sure do be
a major civil rights case.
00:35:13.200 --> 00:35:16.840
We were very cautious at that
time and very afraid to have
00:35:16.840 --> 00:35:17.980
them come into Virginia.
00:35:17.980 --> 00:35:19.910
So I met with them
at my office in
00:35:19.910 --> 00:35:21.530
the District of Columbia.
00:35:21.530 --> 00:35:26.370
And our big problem at that
time, a really big legal
00:35:26.370 --> 00:35:29.980
problem was how to take a case
that was more than five years
00:35:29.980 --> 00:35:32.570
old, which had a judgment more
than five years old, a
00:35:32.570 --> 00:35:36.170
judgment of conviction and get
it back into the stream of the
00:35:36.170 --> 00:35:40.320
courts, that is appeal the
judgment of conviction when it
00:35:40.320 --> 00:35:43.910
was more than five years old.
00:35:43.910 --> 00:35:47.630
Under Virginia law any judgment
more than 60 days old
00:35:47.630 --> 00:35:49.070
can't be appealed.
00:35:49.070 --> 00:35:52.780
And we had this very big
technical problem to overcome.
00:35:52.780 --> 00:35:55.870
And it was months and months of
research involved until we
00:35:55.870 --> 00:35:58.560
found a simple technical
way of doing it.
00:35:58.560 --> 00:36:02.200
It seemed simple once we found
it, but it was actually the
00:36:02.200 --> 00:36:05.570
difficult part of the case
in the beginning.
00:36:05.570 --> 00:36:09.120
Since their sentence was a
suspended sentence, we found
00:36:09.120 --> 00:36:12.420
law that said that the judge of
the original trial court,
00:36:12.420 --> 00:36:15.150
judge Leon Bazile who had
sentenced them in the first
00:36:15.150 --> 00:36:19.160
place still had jurisdiction
over the case.
00:36:19.160 --> 00:36:22.660
That is any suspended sentence
is always within the breast to
00:36:22.660 --> 00:36:24.290
the court that suspended it.
00:36:24.290 --> 00:36:30.530
So we filed a motion, that is I
filed a motion to vacate the
00:36:30.530 --> 00:36:33.430
judgment of conviction and to
set aside the sentence.
00:36:33.430 --> 00:36:36.460
The extreme danger was that if
the case was reopened they
00:36:36.460 --> 00:36:38.890
could've been put in jail
for five years, if
00:36:38.890 --> 00:36:40.670
you vacate the sentence.
00:36:40.670 --> 00:36:44.085
And then there's a good
possibility of you could never
00:36:44.085 --> 00:36:46.150
reach the Constitutional issues
because they pled
00:36:46.150 --> 00:36:49.520
guilty and they waived
those issues.
00:36:49.520 --> 00:36:53.770
Judge Bazile finally issued an
order denying my motion to
00:36:53.770 --> 00:36:57.230
vacate the judgment and set
aside the sentence.
00:36:57.230 --> 00:36:58.890
Judge Bazile, in his
opinion, had the
00:36:58.890 --> 00:37:00.680
following thing to say.
00:37:00.680 --> 00:37:04.100
"All mighty God created the
races, white, black, yellow,
00:37:04.100 --> 00:37:05.070
malay, and red.
00:37:05.070 --> 00:37:07.460
And he placed them on
separate continents.
00:37:07.460 --> 00:37:09.710
And but for the interference
with his arrangements there
00:37:09.710 --> 00:37:11.880
would be no cause for
such marriages.
00:37:11.880 --> 00:37:14.460
The fact that he separated the
races shows that he did not
00:37:14.460 --> 00:37:17.660
intend the races to mix."
the laws are ludicrous.
00:37:17.660 --> 00:37:21.066
Now this is a 20th century
opinion written in 1963.
00:37:21.066 --> 00:37:24.910
This is not 1863, 1763,
or even early 1900s.
00:37:24.910 --> 00:37:27.200
This is 1963.
00:37:27.200 --> 00:37:30.600
When Judge Bazile rendered his
opinion, he couldn't have done
00:37:30.600 --> 00:37:33.130
us a bigger favor than that
horrible language about the
00:37:33.130 --> 00:37:35.370
races on the separate
continents.
00:37:35.370 --> 00:37:38.600
The federal court will give
the state courts the first
00:37:38.600 --> 00:37:40.630
chance to interpret
their own laws.
00:37:40.630 --> 00:37:43.610
That's how the two courts can
get along with each other and
00:37:43.610 --> 00:37:46.025
exist in this joint federal
state society.
00:38:00.638 --> 00:38:02.114
You want to set up the sound?
00:38:02.114 --> 00:38:03.590
Yep.
00:38:03.590 --> 00:38:06.050
We've got our camera
down here.
00:38:06.050 --> 00:38:08.060
And if you just--
00:38:08.060 --> 00:38:09.580
It isn't set up yet.
00:38:13.460 --> 00:38:14.710
[INAUDIBLE]
00:38:22.680 --> 00:38:25.750
Mrs. Loving, how do you feel
about what happened here at
00:38:25.750 --> 00:38:26.490
court today?
00:38:26.490 --> 00:38:29.145
Well, I feel hopeful.
00:38:29.145 --> 00:38:29.990
I'm hopeful.
00:38:29.990 --> 00:38:34.670
I hope these judges will
decide for us.
00:38:34.670 --> 00:38:38.220
Where are you going now?
00:38:38.220 --> 00:38:40.480
I guess we'll go back
to Washington.
00:38:40.480 --> 00:38:42.530
You think you may go
back to Washington.
00:38:42.530 --> 00:38:44.530
Mr. Loving, do you have anything
to say about what
00:38:44.530 --> 00:38:45.690
went on in the court today?
00:38:45.690 --> 00:38:46.103
No.
00:38:46.103 --> 00:38:50.230
I don't have anything to say.
00:38:50.230 --> 00:38:52.680
Thank you very much.
00:38:52.680 --> 00:38:54.150
I want to--
00:38:54.150 --> 00:38:55.650
Cut, Tommy.
00:38:55.650 --> 00:38:56.900
I want to ask you--
00:38:59.180 --> 00:39:03.950
what camera record and where you
think you'll go from here.
00:39:03.950 --> 00:39:06.330
Why don't I ask her to
ask it [INAUDIBLE]
00:39:06.330 --> 00:39:07.326
All right.
00:39:07.326 --> 00:39:08.576
He's very upset.
00:39:18.780 --> 00:39:21.710
Mr. Cohen, could you explain to
me just went on-- what went
00:39:21.710 --> 00:39:23.187
on in the court--
00:39:23.187 --> 00:39:26.110
Let's try that again.
00:39:26.110 --> 00:39:28.780
Mr. Cohen, could you explain to
me just what went on in the
00:39:28.780 --> 00:39:30.290
courtroom today?
00:39:30.290 --> 00:39:33.660
Yes, we had a hearing
in the Loving case.
00:39:33.660 --> 00:39:36.140
And the judges listened
to our argument.
00:39:36.140 --> 00:39:37.520
They listened to the
state's argument.
00:39:37.520 --> 00:39:40.430
They're going to consider
several issues, first of all,
00:39:40.430 --> 00:39:42.860
whether they should even hear
the case and whether we are
00:39:42.860 --> 00:39:44.580
properly in this court.
00:39:44.580 --> 00:39:47.860
Or they're going to decide if we
should proceed in the state
00:39:47.860 --> 00:39:52.620
courts up through appeal of the
Virginia Supreme Court and
00:39:52.620 --> 00:39:54.515
then possibly on to
the Supreme Court
00:39:54.515 --> 00:39:55.140
of the United States.
00:39:55.140 --> 00:39:56.100
They heard us.
00:39:56.100 --> 00:39:56.830
They listened to us.
00:39:56.830 --> 00:39:57.816
They listed to both sides.
00:39:57.816 --> 00:40:00.609
And they're going to let us
know just as soon as they
00:40:00.609 --> 00:40:01.753
reach a decision.
00:40:01.753 --> 00:40:04.515
Now if this court should decide
to abstain and send it
00:40:04.515 --> 00:40:07.225
back to the state, would
that be prejudicial to
00:40:07.225 --> 00:40:09.130
your case in any way?
00:40:09.130 --> 00:40:11.134
Well, we have a decision
to make there.
00:40:11.134 --> 00:40:12.550
We might be--
00:40:12.550 --> 00:40:13.966
[INAUDIBLE]
00:40:13.966 --> 00:40:15.860
So you have your friend's car.
00:40:15.860 --> 00:40:16.330
Uh huh.
00:40:16.330 --> 00:40:18.229
Now where are you?
00:40:18.229 --> 00:40:21.163
I know where all
the [INAUDIBLE]
00:40:21.163 --> 00:40:21.652
No.
00:40:21.652 --> 00:40:22.630
It's not that far.
00:40:22.630 --> 00:40:23.608
Yes, it is.
00:40:23.608 --> 00:40:25.564
You know I come from
Bowling Green.
00:40:25.564 --> 00:40:26.053
No.
00:40:26.053 --> 00:40:26.550
Uh uh.
00:40:26.550 --> 00:40:27.010
I don't know that.
00:40:27.010 --> 00:40:29.620
That's only about 10 minutes
from here, 15 minutes far,
00:40:29.620 --> 00:40:30.486
then you follow us.
00:40:30.486 --> 00:40:30.920
Let's go.
00:40:30.920 --> 00:40:31.770
Nice to have met you,
Mrs. Cohen.
00:40:31.770 --> 00:40:33.020
Good luck to you folks.
00:40:33.020 --> 00:40:33.656
Nice to have met you.
00:40:33.656 --> 00:40:34.330
Thank you.
00:40:34.330 --> 00:40:35.560
Thanks, Bernie.
00:40:35.560 --> 00:40:36.810
Thanks, Phil.
00:40:40.342 --> 00:40:45.776
It would be better if we
didn't stay together.
00:40:45.776 --> 00:40:47.580
I mean, if he stayed in his
mother's home and I--
00:40:47.580 --> 00:40:48.295
Can you do that?
00:40:48.295 --> 00:40:50.380
Can you stay down here
and stay separately?
00:40:50.380 --> 00:40:51.040
Yeah.
00:40:51.040 --> 00:40:53.023
See, but if they're out to
bother you, they're not going
00:40:53.023 --> 00:40:55.015
to make that distinction that
you're staying separately.
00:40:58.110 --> 00:40:58.880
I'll say this.
00:40:58.880 --> 00:41:01.020
It's got to cost you a lot of
money to move up there and a
00:41:01.020 --> 00:41:02.440
lot of trouble.
00:41:02.440 --> 00:41:05.490
And if you don't mind the
possibility or the
00:41:05.490 --> 00:41:10.500
inconvenience of being in jail
for a few hours, that's what
00:41:10.500 --> 00:41:11.125
it might be.
00:41:11.125 --> 00:41:12.257
It might be a half hour.
00:41:12.257 --> 00:41:14.310
It might be five or six hours.
00:41:14.310 --> 00:41:16.620
But I give you my word
that it couldn't be
00:41:16.620 --> 00:41:17.900
any longer than that.
00:41:17.900 --> 00:41:18.440
Right, Phil?
00:41:18.440 --> 00:41:20.080
I just don't see how
it could be.
00:41:20.080 --> 00:41:21.720
You have cards with both
our numbers on it.
00:41:21.720 --> 00:41:23.130
So call, home, any time.
00:41:23.130 --> 00:41:24.210
Don't worry about time.
00:41:24.210 --> 00:41:27.460
How about if they and arrested
you would somebody else know
00:41:27.460 --> 00:41:29.630
about it so they could call
us before you could.
00:41:29.630 --> 00:41:30.340
Yeah.
00:41:30.340 --> 00:41:32.165
Leave our numbers with
you friends, OK?
00:41:32.165 --> 00:41:32.283
Yeah.
00:41:32.283 --> 00:41:33.400
We'll just give it to them.
00:41:33.400 --> 00:41:34.350
Give it to them.
00:41:34.350 --> 00:41:35.800
And there's people that
we stay close to.
00:41:35.800 --> 00:41:36.470
All right.
00:41:36.470 --> 00:41:37.830
When they come after us,
they'll know it, see?
00:41:37.830 --> 00:41:38.040
That's fine.
00:41:38.040 --> 00:41:39.730
They'll notify them or they'll
call y'all, either one.
00:41:39.730 --> 00:41:43.090
If you want to stay down
here, stick around.
00:41:43.090 --> 00:41:46.090
And if anybody arrests you,
just have them get
00:41:46.090 --> 00:41:46.735
in touch with us.
00:41:46.735 --> 00:41:47.860
And we'll hope right to it.
00:41:47.860 --> 00:41:50.700
We won't let you stay in jail
one minute longer than it
00:41:50.700 --> 00:41:53.820
takes us to get down here
and get you out.
00:41:53.820 --> 00:41:54.257
OK?
00:41:54.257 --> 00:41:54.694
OK.
00:41:54.694 --> 00:41:55.131
OK.
00:41:55.131 --> 00:41:56.030
All right.
00:41:56.030 --> 00:41:57.210
You two feel OK.
00:41:57.210 --> 00:41:58.200
Good luck to you.
00:41:58.200 --> 00:41:58.510
Yeah.
00:41:58.510 --> 00:41:59.150
All right.
00:41:59.150 --> 00:42:00.350
You did a good job today, Dick.
00:42:00.350 --> 00:42:02.690
Thank you.
00:42:02.690 --> 00:42:04.500
I sure appreciate what
y'all doing.
00:42:04.500 --> 00:42:05.885
Well, that's all right.
00:42:05.885 --> 00:42:07.810
We had to come down and
pick up some books
00:42:07.810 --> 00:42:09.280
from Goochland anyhow.
00:42:09.280 --> 00:42:09.770
Yeah.
00:42:09.770 --> 00:42:11.240
Yeah.
00:42:11.240 --> 00:42:11.730
OK.
00:42:11.730 --> 00:42:12.260
Bye.
00:42:12.260 --> 00:42:12.940
We'll see you.
00:42:12.940 --> 00:42:13.180
So long.
00:42:13.180 --> 00:42:13.490
Bye.
00:42:13.490 --> 00:42:16.910
We applied for a temporary
restraining order.
00:42:16.910 --> 00:42:19.020
Because they want to stay in
Virginia, and they wouldn't
00:42:19.020 --> 00:42:21.350
get prosecuted again
or violated.
00:42:21.350 --> 00:42:24.660
Remember, there still was an
outstanding sentence on them.
00:42:24.660 --> 00:42:26.970
And we didn't know it would be
reversed or not reversed.
00:42:26.970 --> 00:42:30.400
And you couldn't chance getting
them in worse trouble.
00:42:30.400 --> 00:42:34.250
So we wanted the federal court
to step and at least suspend
00:42:34.250 --> 00:42:35.870
that sentence.
00:42:35.870 --> 00:42:38.650
But we couldn't show there was
irreparable injury, because we
00:42:38.650 --> 00:42:40.590
couldn't admit they were
living in Virginia.
00:42:40.590 --> 00:42:43.300
We'd be admitting on the record
they were violating the
00:42:43.300 --> 00:42:44.080
court order.
00:42:44.080 --> 00:42:45.570
And they were supposed
to be living in DC.
00:42:48.720 --> 00:42:53.340
You couldn't deal very well by
phone or letter, particularly
00:42:53.340 --> 00:42:56.110
since Richard was not
very communicative.
00:42:56.110 --> 00:42:58.650
I met them in Alexandria.
00:42:58.650 --> 00:43:00.450
I know it was a violation of the
rule, but I remember they
00:43:00.450 --> 00:43:01.970
came to Alexandria.
00:43:01.970 --> 00:43:04.270
And I went over the
lawsuit with them.
00:43:04.270 --> 00:43:07.550
Richard said virtually
nothing.
00:43:07.550 --> 00:43:08.870
She spoke very little.
00:43:08.870 --> 00:43:10.790
But when she spoke she was very
articulate, Mrs. Loving.
00:43:10.790 --> 00:43:13.775
If you saw what she'd wrote, she
wrote in a very neat hand
00:43:13.775 --> 00:43:15.990
and excellent writing.
00:43:15.990 --> 00:43:19.790
It wasn't what you saw of people
in the South who'd been
00:43:19.790 --> 00:43:22.820
so oppressed, as the minority
people are in the South.
00:43:25.560 --> 00:43:28.120
And she was instantly likable.
00:43:28.120 --> 00:43:33.510
I had a natural first negative
reaction to Mr. Loving because
00:43:33.510 --> 00:43:36.850
I'd been in the deep South, and
I was very suspicious of
00:43:36.850 --> 00:43:38.260
people who looked
like rednecks.
00:43:38.260 --> 00:43:39.670
And boy, he looked
like a redneck.
00:43:39.670 --> 00:43:43.090
He had a red neck
and a crew cut.
00:43:43.090 --> 00:43:46.010
What came through about the
two of them was just what
00:43:46.010 --> 00:43:46.570
everyone says.
00:43:46.570 --> 00:43:48.740
They were very much in love.
00:43:48.740 --> 00:43:52.440
This was a guy, if you took the
character of him he would
00:43:52.440 --> 00:43:53.730
have left her.
00:43:53.730 --> 00:43:54.490
He didn't need all that grief.
00:43:54.490 --> 00:43:57.240
He was a white guy who was
in the ruling class.
00:43:57.240 --> 00:43:58.720
It never was an issue.
00:43:58.720 --> 00:44:00.170
It never was a question.
00:44:00.170 --> 00:44:02.280
It never was a possibility.
00:44:02.280 --> 00:44:06.168
I really don't know what's going
to happen this time.
00:44:06.168 --> 00:44:09.670
Well, what would happen
if you lost the case?
00:44:09.670 --> 00:44:13.010
Well, if we lost we would have
to go back to Washington.
00:44:13.010 --> 00:44:14.805
If we lose in Richmond, he's
going to take it to the
00:44:14.805 --> 00:44:16.326
Supreme Court.
00:44:16.326 --> 00:44:19.798
But if we lose there then we'll
have to move back to
00:44:19.798 --> 00:44:21.286
Washington and live.
00:44:21.286 --> 00:44:23.820
Yeah.
00:44:23.820 --> 00:44:26.506
If you get it to the Supreme
Court, I don't see how you
00:44:26.506 --> 00:44:27.460
could lose.
00:44:27.460 --> 00:44:29.701
I don't think so, but--
00:44:29.701 --> 00:44:31.110
If you can get it there.
00:44:33.895 --> 00:44:37.450
Well, he said that he
would try anyway.
00:44:37.450 --> 00:44:40.070
At least he said he could.
00:44:40.070 --> 00:44:43.720
He said if he lose in Richmond
that it would go to the
00:44:43.720 --> 00:44:45.180
Supreme Court in October.
00:44:49.428 --> 00:44:50.400
What if you win?
00:44:50.400 --> 00:44:52.840
Will they take it to the
Supreme Court then?
00:44:52.840 --> 00:44:53.290
No.
00:44:53.290 --> 00:44:54.140
I don't think so.
00:44:54.140 --> 00:44:55.390
I don't know.
00:45:00.352 --> 00:45:05.230
Well, actually, though I'm sure
the publicity isn't too
00:45:05.230 --> 00:45:07.595
pleasant, it'll probably
work out.
00:45:07.595 --> 00:45:09.720
And it'll work out for a
lot of other people.
00:45:09.720 --> 00:45:12.250
Yes.
00:45:12.250 --> 00:45:13.953
I hope so.
00:45:13.953 --> 00:45:16.030
And, you know, because
of that it's not so
00:45:16.030 --> 00:45:18.870
much on me and Richard.
00:45:18.870 --> 00:45:20.090
Because we could go away.
00:45:20.090 --> 00:45:21.375
But it's the principle.
00:45:21.375 --> 00:45:23.050
It's the law.
00:45:23.050 --> 00:45:26.390
I don't think it's right.
00:45:26.390 --> 00:45:30.173
And if we do win, we'll be
helping a lot of people.
00:45:30.173 --> 00:45:32.290
Yeah.
00:45:32.290 --> 00:45:36.120
And I knew we have some enemies,
but we have some
00:45:36.120 --> 00:45:37.370
friends too.
00:45:40.096 --> 00:45:43.320
So it really don't make any
difference about my enemies.
00:45:50.720 --> 00:45:53.300
What time do we have to
be over in Washington?
00:45:53.300 --> 00:45:54.285
10:00.
00:45:54.285 --> 00:45:56.600
Well, the Lovings are going
to call at 9:15.
00:45:56.600 --> 00:45:58.020
Boy, I wish they had a phone.
00:46:01.250 --> 00:46:02.760
They called me at
home last night.
00:46:02.760 --> 00:46:05.850
I told them to call us at 9:15
this morning, that we'd no
00:46:05.850 --> 00:46:07.360
doubt have the decision
by then.
00:46:07.360 --> 00:46:10.065
At that time I didn't realize
we could try picking it up
00:46:10.065 --> 00:46:11.315
this early this morning.
00:46:22.720 --> 00:46:23.670
You want to save the envelope?
00:46:23.670 --> 00:46:24.920
It's historic.
00:46:26.510 --> 00:46:29.070
If you assume, which I guess we
have to, Judge Lewis knows
00:46:29.070 --> 00:46:32.670
what he's doing, he's trying to
trap us away from the issue
00:46:32.670 --> 00:46:33.850
of the statute itself.
00:46:33.850 --> 00:46:35.100
I bet on it.
00:46:39.020 --> 00:46:41.510
No, it doesn't look that way.
00:46:41.510 --> 00:46:44.380
It looks like they're petting
us towards the statute.
00:46:44.380 --> 00:46:46.235
Well, when you go back to
state government court,
00:46:46.235 --> 00:46:49.350
remember we're reserving some
of the procedural questions?
00:46:49.350 --> 00:46:50.590
We could always bring them
to the state court.
00:46:50.590 --> 00:46:52.430
They have to raise all our
questions in the state court
00:46:52.430 --> 00:46:53.790
this time around, right?
00:46:53.790 --> 00:46:54.210
Yeah.
00:46:54.210 --> 00:46:54.630
All right.
00:46:54.630 --> 00:46:57.840
And then I bet that when we
raise these sentence questions
00:46:57.840 --> 00:46:59.320
they're just going to find the
sentence unconsitutational.
00:46:59.320 --> 00:47:01.260
And it'll never reach
the statute.
00:47:01.260 --> 00:47:02.780
We could be in the state court
the next two years.
00:47:02.780 --> 00:47:05.330
That order says they have
to reach the statute.
00:47:05.330 --> 00:47:06.550
I know what it says, but--
00:47:06.550 --> 00:47:09.870
Well, I read it very quickly.
00:47:09.870 --> 00:47:12.010
But I thought it said that if
the state court didn't read
00:47:12.010 --> 00:47:12.515
the statutes--
00:47:12.515 --> 00:47:14.280
Either or.
00:47:14.280 --> 00:47:16.450
--they're going to come
back and take it.
00:47:16.450 --> 00:47:17.510
So I think you're wrong there.
00:47:17.510 --> 00:47:20.220
I think they definitely want
to see a resolution of the
00:47:20.220 --> 00:47:22.000
constitutionality of
those statutes.
00:47:22.000 --> 00:47:24.130
And if the State Supreme Court
of Virginia doesn't do it,
00:47:24.130 --> 00:47:26.290
they're telling us they're going
to do it, which is all
00:47:26.290 --> 00:47:26.940
right with me.
00:47:26.940 --> 00:47:30.990
I don't mind going through
the State Supreme Court.
00:47:30.990 --> 00:47:33.360
As long as it takes and whatever
it takes, so long as
00:47:33.360 --> 00:47:37.330
I know we can eventually get a
resolution of these statutes.
00:47:37.330 --> 00:47:39.380
I think he's abdicating
his federal
00:47:39.380 --> 00:47:41.950
authorities to the state.
00:47:41.950 --> 00:47:45.480
Well, I don't know.
00:47:45.480 --> 00:47:47.110
I think there'll be a
resolution of it.
00:47:47.110 --> 00:47:48.350
And that's what's important.
00:47:48.350 --> 00:47:51.780
I don't think there's
anything more than a
00:47:51.780 --> 00:47:53.140
delay involved here.
00:47:55.790 --> 00:47:58.460
Well, look, you can't
really say.
00:47:58.460 --> 00:47:59.340
You know, you've got
to read those
00:47:59.340 --> 00:48:00.995
opinions very, very carefully.
00:48:00.995 --> 00:48:05.090
Because sometimes the emphasis
you get the first time you
00:48:05.090 --> 00:48:06.365
read it is not what
you get later.
00:48:06.365 --> 00:48:08.790
And when we read it later--
00:48:08.790 --> 00:48:11.210
I've read it 100
times already.
00:48:11.210 --> 00:48:14.580
I read it by Judge Cox 50 times,
I read it 25 times by
00:48:14.580 --> 00:48:19.530
Judge [? Mise ?], and I read
it by all the other judges.
00:48:19.530 --> 00:48:20.855
Lainoff, Cohen and Cohen.
00:48:23.735 --> 00:48:25.936
May I tell him who's calling?
00:48:25.936 --> 00:48:28.870
Just a moment.
00:48:28.870 --> 00:48:31.110
Mrs. Loving.
00:48:31.110 --> 00:48:32.042
On eight.
00:48:32.042 --> 00:48:32.930
Nine.
00:48:32.930 --> 00:48:34.910
Hello.
00:48:34.910 --> 00:48:37.450
Mrs. Loving, we got
the decision in
00:48:37.450 --> 00:48:39.400
your case this morning.
00:48:39.400 --> 00:48:43.980
And the court that we were
before, the Federal District
00:48:43.980 --> 00:48:49.830
Court in Richmond has sent us
back to the state courts and
00:48:49.830 --> 00:48:54.020
retain jurisdiction of your
case at the same time.
00:48:54.020 --> 00:48:56.200
Now that's a little bit
complicated, and I'll see if I
00:48:56.200 --> 00:49:01.210
can explain it easily.
00:49:01.210 --> 00:49:04.740
The judges have told us that
we have to go through the
00:49:04.740 --> 00:49:10.810
Supreme Court of Virginia first
before we can properly
00:49:10.810 --> 00:49:14.360
ask this court to resolve the
constitutional issues
00:49:14.360 --> 00:49:17.210
involved, this federal
court that we're in.
00:49:17.210 --> 00:49:20.850
But this federal court has said
that if we don't get the
00:49:20.850 --> 00:49:23.470
constitutional issues resolved
in the Supreme Court of
00:49:23.470 --> 00:49:27.050
Virginia then they're promising
that they will take
00:49:27.050 --> 00:49:30.620
your case back in the federal
court and hear the
00:49:30.620 --> 00:49:32.880
constitutional issues.
00:49:32.880 --> 00:49:37.350
So it's a pretty good decision,
in that we know that
00:49:37.350 --> 00:49:40.720
we're going to get the issue
decided once and for all
00:49:40.720 --> 00:49:42.600
sometime, somewhere.
00:49:42.600 --> 00:49:44.850
Now that's better than anything
we've known in the
00:49:44.850 --> 00:49:45.960
past two years.
00:49:45.960 --> 00:49:46.870
We always had--
00:49:46.870 --> 00:49:47.220
Mr. Walters?
00:49:47.220 --> 00:49:48.340
--a little worry about--
00:49:48.340 --> 00:49:49.410
Mr. Cohen's on the phone right
now talking to Mrs. Loving.
00:49:49.410 --> 00:49:52.830
--whether we would
be able to--
00:49:52.830 --> 00:49:53.570
Oh, yes.
00:49:53.570 --> 00:49:54.170
Yes, sir.
00:49:54.170 --> 00:49:55.610
--get it resolved anywhere.
00:49:55.610 --> 00:49:56.990
But we now know we can.
00:49:56.990 --> 00:49:57.290
Oh, you are?
00:49:57.290 --> 00:49:58.390
It's just a matter of time.
00:49:58.390 --> 00:49:59.370
OK, thanks a lot for calling.
00:49:59.370 --> 00:49:59.870
Yes.
00:49:59.870 --> 00:50:01.230
The court has also ordered--
00:50:01.230 --> 00:50:01.460
Go ahead.
00:50:01.460 --> 00:50:04.670
--that you be granted bail in
the event you and your husband
00:50:04.670 --> 00:50:06.690
are arrested again.
00:50:06.690 --> 00:50:06.730
OK.
00:50:06.730 --> 00:50:07.100
Well, he's talking to her now.
00:50:07.100 --> 00:50:08.210
They didn't say that they
wouldn't allow--
00:50:08.210 --> 00:50:08.360
Thanks for calling.
00:50:08.360 --> 00:50:08.870
--the state to arrest you.
00:50:08.870 --> 00:50:08.990
Bye.
00:50:08.990 --> 00:50:12.000
But they did say that if you are
taken into custody against
00:50:12.000 --> 00:50:17.070
they assure you that the federal
court will grant writ
00:50:17.070 --> 00:50:22.130
and bail, which means we could
get you out of jail in a very
00:50:22.130 --> 00:50:24.030
short time, perhaps a
matter of minutes
00:50:24.030 --> 00:50:27.510
or, at most, an hour.
00:50:27.510 --> 00:50:28.000
OK?
00:50:28.000 --> 00:50:31.020
So it's another long court fight
in front of us, and you
00:50:31.020 --> 00:50:32.270
just have to be patient.
00:50:32.270 --> 00:50:35.890
But the wheels of justice
grind slowly.
00:50:35.890 --> 00:50:36.870
OK?
00:50:36.870 --> 00:50:38.190
Is your husband there?
00:50:40.710 --> 00:50:43.850
Maybe we'll lose the small
battles and win the big war.
00:50:43.850 --> 00:50:45.329
That would be worth it.
00:50:45.329 --> 00:50:48.287
Yes, it would.
00:50:48.287 --> 00:50:52.724
[CHILDREN SPEAKING INAUDIBLY]
00:50:52.724 --> 00:50:56.175
Don, go in there and
get a soda bottle.
00:50:56.175 --> 00:50:59.133
And go over there and ask
grandma to send a little over.
00:51:16.388 --> 00:51:19.750
Is your grandma living
across the street?
00:51:19.750 --> 00:51:21.220
My husband's mother
lives across--
00:51:21.220 --> 00:51:22.470
Oh.
00:51:28.200 --> 00:51:33.550
What are your plans
if you win now?
00:51:33.550 --> 00:51:35.400
What would you do?
00:51:35.400 --> 00:51:35.945
Where would you live?
00:51:35.945 --> 00:51:37.880
And what would you do?
00:51:37.880 --> 00:51:41.200
Well, my husband's father, he
gave us an acre of land right
00:51:41.200 --> 00:51:44.730
across the road there, and
that's where we'd build.
00:51:44.730 --> 00:51:47.170
Then I'll be close to my mother,
and he'll be close to
00:51:47.170 --> 00:51:48.432
his family.
00:51:48.432 --> 00:51:50.980
Do you feel close to
your families?
00:51:50.980 --> 00:51:51.740
Yeah.
00:51:51.740 --> 00:51:52.050
Uh huh.
00:51:52.050 --> 00:51:54.120
We're very close.
00:51:54.120 --> 00:51:59.700
And that's what will do,
you know, if we win.
00:51:59.700 --> 00:52:02.410
If we don't win, then we
have to leave again.
00:52:02.410 --> 00:52:04.217
I dread to even think
about it.
00:53:39.144 --> 00:53:42.750
They barked up the wrong tree.
00:53:42.750 --> 00:53:47.930
I guess they thought that they
were poor and low class, as
00:53:47.930 --> 00:53:52.050
the church say they were, that
they wouldn't do anything.
00:53:52.050 --> 00:53:54.750
So I guess they determined that
they were gonna show them
00:53:54.750 --> 00:53:59.090
they may be poor, and they may
be low class, as he would say,
00:53:59.090 --> 00:54:03.090
but they had determination and
the will to come back and do
00:54:03.090 --> 00:54:05.060
what they need to do to
be with their family.
00:54:13.480 --> 00:54:18.540
She was only 18 years old or
17 when they get married.
00:54:18.540 --> 00:54:26.010
And Richard was a big
husky bricklayer.
00:54:26.010 --> 00:54:31.580
But even he was upset to he knew
that the law was against
00:54:31.580 --> 00:54:37.770
him and he just wanted me to
go see Judge Bazile and
00:54:37.770 --> 00:54:41.470
convince Judge Bazile to let
them come back into Virginia.
00:54:41.470 --> 00:54:43.960
When I told him I didn't think
it was going to work that way
00:54:43.960 --> 00:54:46.400
and that I thought this case
was likely to go to the
00:54:46.400 --> 00:54:53.060
Supreme Court of the States, his
jaw about dropped, and he
00:54:53.060 --> 00:54:55.250
couldn't accept what I
was saying to him.
00:54:55.250 --> 00:54:58.560
He just said, can't you just go
see Judge Bazile and tell
00:54:58.560 --> 00:55:00.230
him we don't want
to harm anybody?
00:55:00.230 --> 00:55:03.620
We just want to live in
peace in Virginia.
00:55:03.620 --> 00:55:07.660
He just said, you crossed
the line with me.
00:55:07.660 --> 00:55:09.050
And I'm an American.
00:55:09.050 --> 00:55:10.620
I have a right to be free.
00:55:10.620 --> 00:55:12.260
I have a right to choose
a wife and live
00:55:12.260 --> 00:55:13.340
with the woman I love.
00:55:13.340 --> 00:55:16.200
And you've got no right
tell me no, period.
00:55:16.200 --> 00:55:24.080
It was a very exciting time
for Phil and I with this
00:55:24.080 --> 00:55:28.210
research we were doing and
talking to people who had
00:55:28.210 --> 00:55:32.480
handled other civil rights cases
and getting all sorts of
00:55:32.480 --> 00:55:34.140
suggestions.
00:55:34.140 --> 00:55:36.080
They gave us lots
of suggestions.
00:55:36.080 --> 00:55:41.040
The bottom line was it's a civil
rights case with a 14th
00:55:41.040 --> 00:55:45.430
Amendment case with due process
and equal protection
00:55:45.430 --> 00:55:47.670
of the laws being the
major issues.
00:55:47.670 --> 00:55:48.370
All right.
00:55:48.370 --> 00:55:51.410
What are the things that can
only be done together by man
00:55:51.410 --> 00:55:54.590
and wife that they can't
do in Virginia?
00:55:54.590 --> 00:55:56.570
They can't come visit her
parents together.
00:55:56.570 --> 00:55:58.040
Or their friends.
00:55:58.040 --> 00:55:58.370
Or their friends.
00:55:58.370 --> 00:56:00.830
Well, children can't live with
them and go to school here.
00:56:00.830 --> 00:56:02.490
Breaking up the family
ought to be
00:56:02.490 --> 00:56:04.060
irreparable injury, if anything.
00:56:04.060 --> 00:56:06.620
This is strictly a segregation
problem.
00:56:06.620 --> 00:56:10.040
And the Supreme Court has said
time and again the federal
00:56:10.040 --> 00:56:13.456
courts have the right to
protect federal rights.
00:56:13.456 --> 00:56:15.110
And these are federal rights
we're talking about.
00:56:15.110 --> 00:56:18.890
Let's go back to the office and
get this thing on paper.
00:56:18.890 --> 00:56:21.870
They're not even thinking of
it as a civil rights case.
00:56:21.870 --> 00:56:23.860
They're thinking of it as an
ordinary criminal prosecution.
00:56:23.860 --> 00:56:26.877
Well, this is the old sore to
the state in all these civil
00:56:26.877 --> 00:56:27.800
rights cases.
00:56:27.800 --> 00:56:28.840
They don't want to argue
the segregation.
00:56:28.840 --> 00:56:30.970
They come and say, well,
procedurally the federal
00:56:30.970 --> 00:56:33.900
government is here to oppress
us and deny us our right.
00:56:33.900 --> 00:56:35.600
They never want to argue
the individual
00:56:35.600 --> 00:56:36.360
right of the person.
00:56:36.360 --> 00:56:38.860
They always want to argue
the right of the state.
00:56:38.860 --> 00:56:40.110
That's new problems.
00:56:46.710 --> 00:56:52.360
We knew it was obvious that no
Virginia state court was going
00:56:52.360 --> 00:56:54.210
to rule in our favor.
00:56:54.210 --> 00:56:59.360
And what Judge Bazile did when
he issued that racist opinion
00:56:59.360 --> 00:57:02.340
was give us a clear shot
to appeal to the
00:57:02.340 --> 00:57:04.130
Supreme Court of Virginia.
00:57:04.130 --> 00:57:07.030
We appealed to the Supreme Court
of Virginia, got another
00:57:07.030 --> 00:57:10.900
terrible decision denying
us relief.
00:57:10.900 --> 00:57:14.390
And then we had an appealable
order from there to the US
00:57:14.390 --> 00:57:15.640
Supreme Court.
00:57:21.380 --> 00:57:23.775
Well, hope springs eternal
in civil rights lawyers.
00:57:23.775 --> 00:57:26.255
You always think there's
a Supreme Court.
00:57:26.255 --> 00:57:29.810
You always know that the Supreme
Court takes 1 of 200
00:57:29.810 --> 00:57:32.750
and then maybe 1 out
of 400 cases.
00:57:32.750 --> 00:57:35.560
The odds of getting a review
in the Supreme Court in any
00:57:35.560 --> 00:57:37.630
case on any day is very slim.
00:57:41.950 --> 00:57:45.700
Maybe we were naive, but we were
certain the court would
00:57:45.700 --> 00:57:46.890
hear the case.
00:57:46.890 --> 00:57:49.220
Brown versus Board
of Education had
00:57:49.220 --> 00:57:50.470
already been decided.
00:57:57.010 --> 00:58:01.200
When the Supreme Court granted
review, we then were faced
00:58:01.200 --> 00:58:02.450
with a really major brief.
00:58:05.380 --> 00:58:08.120
I was only out of law school a
little over two years, so I
00:58:08.120 --> 00:58:11.370
wasn't qualified to be admitted
to the Supreme Court.
00:58:11.370 --> 00:58:13.310
So anything I did in the Supreme
Court I had to get
00:58:13.310 --> 00:58:16.210
Bernie Cohen to sign, because he
was out of law school more
00:58:16.210 --> 00:58:17.460
than three years.
00:58:19.460 --> 00:58:23.950
So we spent extensive time
writing what would be the best
00:58:23.950 --> 00:58:26.600
possible brief and called
upon anyone who
00:58:26.600 --> 00:58:27.440
was willing to help.
00:58:27.440 --> 00:58:30.850
We would pinch ourselves
and say, do we
00:58:30.850 --> 00:58:32.080
realize what we're doing?
00:58:32.080 --> 00:58:36.280
We're handling one of the most
important constitutional law
00:58:36.280 --> 00:58:39.020
cases ever to come
before the court.
00:58:42.700 --> 00:58:46.760
Bernie Cohen and I went to New
York to meet with the lawyers
00:58:46.760 --> 00:58:48.510
and be schooled.
00:58:48.510 --> 00:58:50.900
I went to New York first
to meet about who
00:58:50.900 --> 00:58:52.610
would argue the case.
00:58:52.610 --> 00:58:55.000
When you got up to the big
court, you had to deal with
00:58:55.000 --> 00:58:57.720
the National American Civil
Liberties Union.
00:58:57.720 --> 00:59:01.100
And Mel Wulf was the legal
director for many years.
00:59:01.100 --> 00:59:02.170
I went over it with him.
00:59:02.170 --> 00:59:04.510
I had argued in the federal
court below.
00:59:04.510 --> 00:59:07.110
I had argued in the Virginia
Supreme Court.
00:59:07.110 --> 00:59:10.060
I anything's inherent in the
democratic process, it's the
00:59:10.060 --> 00:59:12.760
freedom of the individual and
not the freedom of the state.
00:59:12.760 --> 00:59:15.780
You can have a democracy
without federalism.
00:59:15.780 --> 00:59:18.060
The problem was he didn't
want Bernie to argue.
00:59:18.060 --> 00:59:20.440
Bernie had no experience
in federal court.
00:59:20.440 --> 00:59:22.390
And I just felt it wasn't
going to be that way.
00:59:22.390 --> 00:59:24.430
I'd learned from Bill Kunstler
earlier that when you have a
00:59:24.430 --> 00:59:28.250
co-counsel you share
with them.
00:59:28.250 --> 00:59:31.640
We woke up at 5:00 or 6:00 in
the morning, or maybe earlier,
00:59:31.640 --> 00:59:33.360
if we slept at all.
00:59:33.360 --> 00:59:37.820
My wife, Ray, came with us.
00:59:37.820 --> 00:59:41.020
My secretary, Martha,
drove the car.
00:59:41.020 --> 00:59:43.690
And we gave her the assignment
of finding a parking lot to
00:59:43.690 --> 00:59:45.030
park the car.
00:59:45.030 --> 00:59:47.930
Because that's one of the
challenges that lawyers who
00:59:47.930 --> 00:59:53.320
argue before the Supreme Court
have, a place to park the car.
00:59:53.320 --> 00:59:55.490
It was a wonderful feeling.
00:59:55.490 --> 00:59:58.250
We said, we're here at last.
00:59:58.250 --> 01:00:00.260
We're just going to have
to do our best.
01:00:00.260 --> 01:00:01.450
We've rehearsed.
01:00:01.450 --> 01:00:02.340
We've studied.
01:00:02.340 --> 01:00:03.710
We've memorized.
01:00:03.710 --> 01:00:06.200
We understood the issues.
01:00:06.200 --> 01:00:10.620
We understood the questions that
were likely to be asked.
01:00:10.620 --> 01:00:13.140
I must have been nervous because
my hands were sweating
01:00:13.140 --> 01:00:18.470
so much that there were drips of
perspiration on the rostrum
01:00:18.470 --> 01:00:20.950
from which I argued
the motion.
01:00:20.950 --> 01:00:22.860
And I felt sorry for anybody
who had to come
01:00:22.860 --> 01:00:24.300
up there after me.
01:00:24.300 --> 01:00:25.825
They were going to get soaked.
01:00:25.825 --> 01:00:27.320
I had a moment of nerves.
01:00:27.320 --> 01:00:29.560
And then I picked up the quill--
they give you a quill
01:00:29.560 --> 01:00:31.830
when you argue your first time
in the Supreme Court-- and
01:00:31.830 --> 01:00:33.080
played with that.
01:00:33.080 --> 01:00:37.370
The funny part is when I stood
up to argue I was calm as I've
01:00:37.370 --> 01:00:38.340
ever been in my life.
01:00:38.340 --> 01:00:41.610
It's like sitting here
talking to you.
01:00:41.610 --> 01:00:43.690
I just felt I belonged
right there.
01:00:43.690 --> 01:00:47.600
I felt that's what I had trained
for, and I was just
01:00:47.600 --> 01:00:50.212
where I belonged doing
what I should do.
01:00:52.810 --> 01:01:01.800
Number 395, Richard Barry Loving
et al, appellants,
01:01:01.800 --> 01:01:03.140
versus Virginia.
01:01:07.310 --> 01:01:08.560
Mr. Hirshkop.
01:01:10.770 --> 01:01:12.600
Mr. Chief Justice, may
it please the court.
01:01:12.600 --> 01:01:13.960
I'm an Bernard S. Cohen.
01:01:13.960 --> 01:01:16.360
I would like to move the
admission of Mr. Phillip J.
01:01:16.360 --> 01:01:19.400
Hirshkop, pro hac vice, my
co-counsel in this matter.
01:01:19.400 --> 01:01:21.390
He's a member of the
bar of Virginia.
01:01:21.390 --> 01:01:23.622
Your motion is granted.
01:01:23.622 --> 01:01:26.340
Mr. Hirshkop, you may proceed.
01:01:26.340 --> 01:01:29.640
Thank you, Your Honor.
01:01:29.640 --> 01:01:32.480
You have before you today what
we consider the most odious of
01:01:32.480 --> 01:01:35.500
the segregation laws and
the slavery laws.
01:01:35.500 --> 01:01:38.950
And our view of this law, we
hope to clearly show, is that
01:01:38.950 --> 01:01:41.870
this is slavery law.
01:01:41.870 --> 01:01:44.195
These laws rob the Negro
race of their dignity.
01:01:44.195 --> 01:01:46.240
That's the worst part
of the laws.
01:01:46.240 --> 01:01:48.920
And that's what they're meant to
do, to hold the Negro class
01:01:48.920 --> 01:01:51.750
in a lower position, lower
social position to lower
01:01:51.750 --> 01:01:52.480
economic position.
01:01:52.480 --> 01:01:55.320
We ask that the court consider
the full spectrum of these
01:01:55.320 --> 01:01:58.970
laws and not just
the criminality.
01:01:58.970 --> 01:02:01.190
Because it's more than a
criminality that's at point
01:02:01.190 --> 01:02:04.900
here but the legitimacy of
children, the right to inherit
01:02:04.900 --> 01:02:07.180
land, and many, many rights.
01:02:07.180 --> 01:02:09.150
And in reaching a decision,
we ask you to reach
01:02:09.150 --> 01:02:11.704
that on that basis.
01:02:11.704 --> 01:02:13.470
Mr. Cohen.
01:02:13.470 --> 01:02:17.570
Mr. Chief Justice, may
it please the court.
01:02:17.570 --> 01:02:20.640
What is the danger to the
state of Virginia of
01:02:20.640 --> 01:02:22.250
interracial marriage?
01:02:22.250 --> 01:02:26.130
What is the state of the
danger to the people of
01:02:26.130 --> 01:02:27.893
interracial marriage?
01:02:27.893 --> 01:02:32.370
Marriage is a fundamental
right or liberty.
01:02:32.370 --> 01:02:36.840
And whether we go further and
urge that the court say that
01:02:36.840 --> 01:02:39.660
this is a fundamental right to
liberty retained by the people
01:02:39.660 --> 01:02:42.580
within the meaning of the 9th
Amendment and within the
01:02:42.580 --> 01:02:44.370
meaning of liberty and
the due process
01:02:44.370 --> 01:02:47.050
clause of the 14th Amendment.
01:02:47.050 --> 01:02:51.510
Surely there's some
limit on that.
01:02:51.510 --> 01:02:54.720
I suppose you would agree that
a state could forbid a
01:02:54.720 --> 01:02:57.103
marriage between a brother
and an sister, would you?
01:02:59.960 --> 01:03:01.210
Mr. McElwain.
01:03:03.690 --> 01:03:06.930
It is a matter of record agreed
to by all counsels in
01:03:06.930 --> 01:03:10.270
the course of this litigation
in the brief that one of the
01:03:10.270 --> 01:03:12.810
appellant here is a white person
within the definition
01:03:12.810 --> 01:03:13.840
of the Virginia law.
01:03:13.840 --> 01:03:15.990
The other appellant is a colored
person within the
01:03:15.990 --> 01:03:17.950
definition of Virginia law.
01:03:17.950 --> 01:03:20.420
Thus, the court is simply faced
with the proposition of
01:03:20.420 --> 01:03:26.410
whether or not a state may
validly forbid the interracial
01:03:26.410 --> 01:03:29.790
marriage of two groups, the
white and the colored in the
01:03:29.790 --> 01:03:33.650
context of the present
statute.
01:03:33.650 --> 01:03:37.020
The state has a natural, direct,
and vital interest in
01:03:37.020 --> 01:03:40.550
maximizing the number of
successful marriages which
01:03:40.550 --> 01:03:44.970
lead to stable homes and
families and in minimizing
01:03:44.970 --> 01:03:47.580
those which do not.
01:03:47.580 --> 01:03:51.780
It is clear from the most recent
available evidence on
01:03:51.780 --> 01:03:56.550
the psycho-sociological aspect
of this question that
01:03:56.550 --> 01:03:59.560
intermarried families are
subjected to much greater
01:03:59.560 --> 01:04:01.560
pressures and problems.
01:04:01.560 --> 01:04:07.270
It is not infrequent that the
children of intermarried
01:04:07.270 --> 01:04:10.150
parents are referred not merely
as the children of
01:04:10.150 --> 01:04:13.185
intermarried parents but as the
victims of intermarried
01:04:13.185 --> 01:04:17.520
parents and as the martyrs of
intermarried parents and that
01:04:17.520 --> 01:04:20.730
the state's prohibition of
interracial marriage for this
01:04:20.730 --> 01:04:24.250
reason stands on the same
footing as the prohibition of
01:04:24.250 --> 01:04:27.090
polygamist marriage or
incestuous marriage or the
01:04:27.090 --> 01:04:30.650
prescription of minimum ages at
which people may marry and
01:04:30.650 --> 01:04:34.170
the prevention of the marriage
of people who are mentally
01:04:34.170 --> 01:04:35.159
incompetent.
01:04:35.159 --> 01:04:39.071
There are people who have
the same feeling about
01:04:39.071 --> 01:04:40.538
interreligious marriages.
01:04:40.538 --> 01:04:45.917
But because that may be true,
would you think that the state
01:04:45.917 --> 01:04:49.210
could prohibit people
from having
01:04:49.210 --> 01:04:51.160
interreligious marriages?
01:04:51.160 --> 01:04:54.280
I think that the evidence and
support of the prohibition of
01:04:54.280 --> 01:04:57.320
interracial marriages is
stronger than that for the
01:04:57.320 --> 01:04:59.690
prohibition of interreligious
marriages.
01:04:59.690 --> 01:05:01.730
How can you say that?
01:05:01.730 --> 01:05:03.000
Well, we say that--
01:05:03.000 --> 01:05:05.820
Because you believe that?
01:05:05.820 --> 01:05:10.450
Mr. McElwain, didn't we in the
segregation cases have also
01:05:10.450 --> 01:05:15.310
argued to us what was supposed
to be scientific evidence to
01:05:15.310 --> 01:05:19.148
the effect that the whites would
be injured by having to
01:05:19.148 --> 01:05:23.351
go to school with the Negros?
01:05:23.351 --> 01:05:25.140
Your Honor, I--
01:05:25.140 --> 01:05:28.660
Isn't that the same argument
you're making here.
01:05:28.660 --> 01:05:29.737
Yes, sir.
01:05:29.737 --> 01:05:32.420
It is.
01:05:32.420 --> 01:05:35.400
I think what the Attorney
General did was immoral.
01:05:35.400 --> 01:05:39.370
In the way this case was
prosecuted, I think that the
01:05:39.370 --> 01:05:44.960
argument they made was immoral,
that children from
01:05:44.960 --> 01:05:46.250
mixed marriages suffer.
01:05:46.250 --> 01:05:49.630
Because they knew the whole
purpose of the statue was to
01:05:49.630 --> 01:05:52.850
preserve racial integrity.
01:05:52.850 --> 01:05:53.960
And [? Mr. McElwain ?]
01:05:53.960 --> 01:05:57.380
had an alternative to say,
I can't argue this case.
01:05:57.380 --> 01:06:02.800
I believe it is improper,
immoral, not accurate.
01:06:02.800 --> 01:06:06.350
He presented a false argument
to the United States Supreme
01:06:06.350 --> 01:06:10.780
Court of this is really to
preserve the rights of some
01:06:10.780 --> 01:06:13.760
young children, knowing
that is not what
01:06:13.760 --> 01:06:15.010
this statute was about.
01:06:18.890 --> 01:06:21.390
Mr. Cohen.
01:06:21.390 --> 01:06:25.740
That is the right of Richard and
Mildred Loving to wake up
01:06:25.740 --> 01:06:28.870
in the morning or to go to sleep
at night knowing that
01:06:28.870 --> 01:06:31.130
the sheriff will not be knocking
on their door or
01:06:31.130 --> 01:06:34.290
shining a light in their face
in the privacy of their
01:06:34.290 --> 01:06:37.345
bedroom for illicit
cohabitation.
01:06:39.990 --> 01:06:42.670
The Lovings have the right to
go to sleep at night knowing
01:06:42.670 --> 01:06:46.320
that, should they not awake in
the morning, their children
01:06:46.320 --> 01:06:49.810
would have the right to inherit
them under intestacy.
01:06:49.810 --> 01:06:53.360
They have the right to be secure
in knowing that if they
01:06:53.360 --> 01:06:56.550
go to sleep and do not wake in
the morning that one of them,
01:06:56.550 --> 01:06:58.000
a survivor of them,
has the right to
01:06:58.000 --> 01:06:59.990
social security benefits.
01:06:59.990 --> 01:07:02.044
All of these are
denied to them.
01:07:10.110 --> 01:07:12.970
No one can articulate it better
than Richard Loving
01:07:12.970 --> 01:07:18.080
when he said to me, Mr. Cohen,
tell the court I love my wife.
01:07:18.080 --> 01:07:20.901
And it is just unfair
that I can't
01:07:20.901 --> 01:07:22.560
live with her in Virginia.
01:07:28.260 --> 01:07:32.900
My recollection of that
day is twofold.
01:07:32.900 --> 01:07:37.320
It's standing up and looking
at Chief Justice Warren and
01:07:37.320 --> 01:07:40.820
Justice Black and Justice Harlan
and Justice Douglas and
01:07:40.820 --> 01:07:42.600
the other justices.
01:07:42.600 --> 01:07:47.380
And I thought I saw
the face of God.
01:07:47.380 --> 01:07:52.010
You know, in a legal career 45
years, it's the height of the
01:07:52.010 --> 01:07:55.140
career to stand before these
people who are giants.
01:07:55.140 --> 01:07:58.180
And they change our society
enormously.
01:07:58.180 --> 01:08:03.120
And then afterwards a hug from
my father on the steps of the
01:08:03.120 --> 01:08:05.270
Supreme Court.
01:08:05.270 --> 01:08:07.160
We certainly invited
the Lovings to
01:08:07.160 --> 01:08:10.050
come to hear the argument.
01:08:10.050 --> 01:08:13.850
She would not go alone, and
Richard wasn't going to go
01:08:13.850 --> 01:08:16.180
under any circumstance.
01:08:16.180 --> 01:08:20.470
When Richard turned us down, I
asked him if it was anything
01:08:20.470 --> 01:08:22.890
he wanted me to say
to the court.
01:08:22.890 --> 01:08:26.320
And he paused for a moment and
said, just tell the court I
01:08:26.320 --> 01:08:27.570
love my wife.
01:08:35.586 --> 01:08:37.869
They told us we could come to
the Supreme Court if we wanted
01:08:37.869 --> 01:08:40.044
to but said if I went
on the stand.
01:08:40.044 --> 01:08:42.584
It's just up to us if
we wanted to come.
01:08:42.584 --> 01:08:44.750
So we didn't even go.
01:08:44.750 --> 01:08:47.040
I didn't want to go.
01:08:47.040 --> 01:08:48.290
I'm nervous enough for now.
01:08:51.199 --> 01:08:53.690
Someone burnt a cross at
my mother's house.
01:08:53.690 --> 01:08:57.000
I don't know if that was to do
with us or what happened.
01:08:57.000 --> 01:09:00.226
It was just a prank, I guess.
01:09:00.226 --> 01:09:04.210
Do you think that this brings
you closer together?
01:09:04.210 --> 01:09:04.708
Yes.
01:09:04.708 --> 01:09:08.194
I do, I think.
01:09:08.194 --> 01:09:09.444
I guess.
01:09:12.676 --> 01:09:13.672
And you?
01:09:13.672 --> 01:09:14.170
Yeah.
01:09:14.170 --> 01:09:15.420
I think so.
01:09:25.126 --> 01:09:26.376
[MUSIC - "LORD, I'M IN YOUR
CARE" BY THE CARTER FAMILY]
01:09:34.369 --> 01:09:39.850
The Supreme Court decision would
take anywhere from 60 to
01:09:39.850 --> 01:09:46.240
90 to 120 days.
01:09:46.240 --> 01:09:50.620
We purposely tried to keep the
coverage of the case very low.
01:09:50.620 --> 01:09:53.530
The Lovings did not
want publicity.
01:09:53.530 --> 01:09:56.810
They were living back in
Virginia, but they felt there
01:09:56.810 --> 01:09:59.650
might be some danger because
there's a lot of strong
01:09:59.650 --> 01:10:01.165
emotion about mixed marriages.
01:10:15.220 --> 01:10:19.250
I got a call that ruling
would be the next day.
01:10:36.370 --> 01:10:39.310
Chet Huntley, NBC
News, New York.
01:10:39.310 --> 01:10:42.400
And David Brinkley, NBC
News, Washington.
01:10:42.400 --> 01:10:45.560
The Supreme Court held today
that marriages of whites and
01:10:45.560 --> 01:10:49.140
Negroes are illegal and that
no state may stop them.
01:10:49.140 --> 01:10:51.380
The decision was unanimous,
and Chief Justice
01:10:51.380 --> 01:10:52.910
Warren wrote it.
01:10:52.910 --> 01:10:55.680
The case was brought by a white
man from Virginia, a
01:10:55.680 --> 01:10:59.260
construction worker, and his
wife, who is part Negro and
01:10:59.260 --> 01:11:00.670
part Indian.
01:11:00.670 --> 01:11:01.650
At issue was an
01:11:01.650 --> 01:11:04.230
anti-miscegenation law in Virginia.
01:11:04.230 --> 01:11:08.140
At one time 41 states forbade
interracial marriage.
01:11:08.140 --> 01:11:11.700
In more recent years all but 16
have repealed these laws.
01:11:11.700 --> 01:11:14.130
Now they will all have to go.
01:11:14.130 --> 01:11:15.360
Chet.
01:11:15.360 --> 01:11:17.010
Prime Minister--
01:11:17.010 --> 01:11:18.450
We were elated.
01:11:18.450 --> 01:11:19.550
We jumped up and down.
01:11:19.550 --> 01:11:23.210
We hugged each other and hugged
everybody in sight.
01:11:23.210 --> 01:11:26.800
And we had to let the
Lovings know.
01:11:26.800 --> 01:11:29.625
I recall they got on
the phone with us.
01:11:29.625 --> 01:11:34.230
And we congratulated them,
and they said thank you.
01:11:34.230 --> 01:11:35.480
[MUSIC - "SLOW TRAIN" BY
THE STAPLE SINGERS]
01:12:16.772 --> 01:17:19.587
[CHATTERING]