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Editing Constitutional Liberties
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Racial Classifications Burdening both whites and minorities | Racial Classifications Burdening both whites and minorities | ||
Loving v Virginia | |||
Facts: Mildred Jeter, a black woman and her husband, Richard Loving, a white man moved to Virginia and resided in Caroline County. The laws of the state banned interracial marriages. They were then indicted for violating Virginia law, where they plead guilty and were sent to jail. | Facts: Mildred Jeter, a black woman and her husband, Richard Loving, a white man moved to Virginia and resided in Caroline County. The laws of the state banned interracial marriages. They were then indicted for violating Virginia law, where they plead guilty and were sent to jail. | ||
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Reasoning: State bans on interracial marriages were passed as a reaction to slavery and have been present since the colonial period. Such bans were affirmed by the Racial Integrity act of 1924, passed during a period of extreme nativism following WWI. However, in the fifteen years preceding this case, fourteen states have repealed their own similar bans. In the present, this state seeks to uphold its ban on the grounds that it has a legitimate purpose to preserve racial integrity and pride. It argues that it is complying with obligation by prevent all interracial marriages, not just whites. The argument that the mere equal application is enough to pass constitutional muster is obviously rejected. | Reasoning: State bans on interracial marriages were passed as a reaction to slavery and have been present since the colonial period. Such bans were affirmed by the Racial Integrity act of 1924, passed during a period of extreme nativism following WWI. However, in the fifteen years preceding this case, fourteen states have repealed their own similar bans. In the present, this state seeks to uphold its ban on the grounds that it has a legitimate purpose to preserve racial integrity and pride. It argues that it is complying with obligation by prevent all interracial marriages, not just whites. The argument that the mere equal application is enough to pass constitutional muster is obviously rejected. | ||
Palmore v Sidoti | |||
Facts: The Sidotis were both white people, married to each other. They had a kid. They later divorced and Linda lived with and married a black man named Clarence Palmore Jr. After learning of this, Sidoti sought sole custody of their kid, citing that changed conditions as grounds for his petitions, as well as making several allegations of instances in which Linda had not properly cared for the child. After the hearing, Florida court made no findings of fact which indicated that the child had not been properly cared for by either parent. However, the curt relied on the recommendation of a counselor and awarded custody to Anthony because Linda was married to a black man. | Facts: The Sidotis were both white people, married to each other. They had a kid. They later divorced and Linda lived with and married a black man named Clarence Palmore Jr. After learning of this, Sidoti sought sole custody of their kid, citing that changed conditions as grounds for his petitions, as well as making several allegations of instances in which Linda had not properly cared for the child. After the hearing, Florida court made no findings of fact which indicated that the child had not been properly cared for by either parent. However, the curt relied on the recommendation of a counselor and awarded custody to Anthony because Linda was married to a black man. |