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An Essay On Segregation
Postive of interracial marriages
Conclusion of love v virginia
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“Change does not roll in on the wheels of inevitability, but comes through continuous struggle" (Martin Luther King, Jr.). America's laws have changed drastically over the years, such changes seemingly unpredictable and nearly impossible to avoid. Many believe that the effort of one person to make a difference is in vain, but backed with all of America's passion for a better country, anything from the removal of a law or the fight for equality is possible. Because of the effort of American citizens, the United States is the way it is now. At America's beginning, discrimination was the norm, the slavery of African Americans socially acceptable and expected. While this was seen as normal and accepted by a majority of society, the rising of those …show more content…
Ferguson, several decades later, was the case of Shelley v. Kraemer, which made it so that properties could not be racially restrictive. This case was started when the Shelleys, an African American family bought property from Louis Kraemer, and "were not aware of the restrictive covenant at the time of the purchase" (Shelley v. Kraemer). Immediately following the Shelley family's purchase of the property, Louis Kraemer sued the family, the case being taken to the Supreme Court. It was decided that racially restrictive properties violated the 14th Amendment and the Equal Protection Clause, thus making racially restrictive properties illegal and guaranteeing that African Americans could purchase property without facing prejudice based on the color of their skin. Granted the right to be able to purchase property without restrictions, African Americans were closer to being accepted in the United States than ever before. By 1967, a majority of African Americans in the United States still faced discrimination, evident in Loving v. Virginia. Because of this case, interracial marriage was legalized when Mildred Loving, a black woman, and Richard Loving, a white man, got married in Virginia, being given the sentence of a year in prison afterwards due to Virginia's Racial Integrity Act of 1924. Subsequently, this case was brought to the Supreme Court, where the Racial Integrity Act of 1924 was declared to be unconstitutional. Following this case, interracial marriage was legalized throughout the entirety of the United to
Another similar case was the Dred Scott Decision. Dred Scott, being a black man during the 1820's, was yet again considered inferior to bring his case to the court. From a reader's point of view, Dred Scott's case was very legit. The Missouri Compromise of 1820 made Scott a free man. All of the blacks going through the 35'36 altitude/latitude line were said to be free men. When Dred Scott entered Illinois, he entered thinking he was a free man, until his owner assaulted him upon the return. Dred Scott did his best to bring not one but three assault cases to the court against his "owner", John F. A. Sanford; however, the court dismissed him as inferior to take any participation or even demand a fair trial. The court also called upon the Missouri Compromise as unconstitutional because of deprivation of personal property, which in this case was Dred Scott - a property of John Sanford. Eventually the sons of Sanford purchased Scott and his wife, and set them free. Scott died just a year after that.
Mr. and Mrs. Loving were residents of the small town of Central point, Virginia. They were family friends who had dated each other since he was seventeen and she a teenager. When they learned that marriage was illegal for them in Virginia, they simply drove over the Washington, D.C. for the ceremony. They returned to Virginia and were arrested the following month for violating the anti-miscegenation statute, which was declared in the Racial Integrity Act of 1924. Commonwealth’s Attorney Bernard Mahon obtained the warrant for Richard Loving and “Mildred Jeter”. Mildred’s maiden name was on the warrant because in Virginia a marriage between a white and black was considered void. In October 1958, the indictments of Richard Loving and Mildred Jeter were bought before the court and on January 6, 1959, Richard and Mildred pled not guilty to the charges. Changing their pleas to guilty and waiving their right to a jury trial due to fear and optimism for a favorable punishment, the Lovings took the plea bargain. The Circuit Court judge that was presiding over the case, Judge Leon M. Bazile, did not see favor on them and sentenced them to one year in jail. Yet, at the same time in agreement with the plea bargain, Judge Bazile suspended the sentence for 25 years provided that the Lovings would leave the state of Virginia immediately and not return together for the whole period. There was a catch, for when the 25 year period ends they would still face the prosecution of the court if they ever returned. He concluded his decision with this quote:
The Plessy v Ferguson case would be overturned, ruling the “separate but equal” law to be unconstitutional. Melba Beals was in school that day and was sent home early with the warning to hurry and stay in groups. Even so, it had been decades since the passing of the Fourteenth Amendment. No much had changed. Melba’s teacher knew that this ruling would cause rage among the citizens of Little Rock and she was right.
In the Loving v. Virginia, 388 US 1 (1967) is the landmark ruling that nullified anti-miscegenation laws in the United States. In June 1958, Mildred Loving, a black female, married Richard Loving, a white male, in Washington, DC. The couple traveled to Central Point, Virginia and their home was raided by the local police. The police charged the Loving’s of interracial marriage, a felony charge under Section 20-58 of the Virginia Code which prohibited interracial marriages. On January 6, 1959, the couple pled guilty and received a suspended sentence with the agreement that they would Virginia and not return for 25 years. In November 6, 1963, the couple filed a motion in the state court to vacate the original judgment on the grounds it violated the Fourteenth Amendment.
Since the election of President Barrack Obama in 2008, many people have started to believe that America is beyond racial inequalities - this is not the reality. Rather, we, as a society, chose to see only what we want to see. Discrimination is still rampant in our nation. Michelle Alexander explains that since the Jim Crow laws were abolished, new forms of racial caste systems have taken their place. Our society and criminal justice system claim to be colorblind, but this is not the actuality. Michelle Alexander explains:
Few things have impacted the United States throughout its history like the fight for racial equality. It has caused divisions between the American people, and many name it as the root of the Civil War. This issue also sparked the Civil Rights Movement, leading to advancements towards true equality among all Americans. When speaking of racial inequality and America’s struggle against it, people forget some of the key turning points in it’s history. Some of the more obvious ones are the Emancipation Proclamation, which freed slaves in the North, and Martin Luther King Jr.’s march on Washington D.C. in 1963. However, people fail to recount a prominent legal matter that paved the way for further strides towards equality.
In 1964, Linda Brown along with the NAACP (National Association for the Advancement of Colored People) challenged the Separate but Equal doctrine, and won (Askew). Discriminatory laws that lasted for 99 years, starting with the Black Codes, moving to the Louisiana Separate Car Act and Plessy v. Ferguson, to everyday laws, finally became overturned. They permanently hindered a large group of people as seen by literacy rates, household income, and household ownership, but those numbers became more equal as time went on. Unfortunately, due to humanities extreme ignorance, we don’t see these issues recurring today. People discriminate against homosexuals, for example, and they don’t get equal rights. People must look to the past and use the knowledge of their mistakes to never make those same mistakes again.
Although the Fourteenth Amendment, when adopted in 1868, gave certain rights to blacks, including citizenship, equal protection of law and other freedoms, African-Americans were considered inferior by whites in this country. In 1896, Plessy v. Ferguson officially made segregation legal, and put “separate but equal” into effect. African-Americans were excluded from hotels, restaurants, theatres and schools. African-Americans had lower paying jobs than did whites. Accumulated frustration led blacks to call for dramatic social change. (Good, 8-10)
A majority of the judges in the court acclaimed that the policy did not violate either the thirteenth or fourteenth amendment, stating that the purpose of the 14th amendment was “to enforce the absolute equality of the two races before the law…. Laws … requiring their separation … do not necessarily imply the inferiority of either race”. This ‘separate but equal’ belief was accepted in a number of American states, legalising segregation and promoting the separations of schools, as well as other public areas. By the court made the remaining general public remove any doubts that made the segregation seem racist though there were some that still understood that it was indeed
Before the Civil Rights Act of 1964, segregation in the United States was commonly practiced in many of the Southern and Border States. This segregation while supposed to be separate but equal, was hardly that. Blacks in the South were discriminated against repeatedly while laws did nothing to protect their individual rights. The Civil Rights Act of 1964 ridded the nation of this legal segregation and cleared a path towards equality and integration. The passage of this Act, while forever altering the relationship between blacks and whites, remains as one of history’s greatest political battles.
“Under our constitution, the freedom to marry, or not marry, a person of the other race resides with the individual and cannot be infringed by the states.” In 1967, Earl Warren led the Supreme Court when it was faced with choosing to support a state’s rights of having their own laws or equal protection of the laws granted to all citizens under the Constitution. The case of Loving v. Virginia was sent to the Supreme Court because Virginia, including 15 other states, enforced an anti-miscegenation statute, which disallowed marriage between white and black people. The court case was important then and continues to affect change in the twenty-first century.
Quoting Martin Luther King, Jr. “ Discrimination is a hellhound that gnaws at Negroes on every waking moment of their lives to remind them that the lie of their inferiority is accepted as truth in the society dominating them.” In daily basis, every single person on this earth is facing different kind of discrimination. In general discrimination prevails in life particulars. We are living in a world that is based on qualifications. Being a normal human is no longer accepted. However, African Americans are one of the most populations in this world who faced discrimination in general: Racial discrimination in particular. Although African Americans faced racial discrimination due to slavery period hundred years ago, racial discrimination still prevails in African Americans life in the present, lead by huge psychological affects.
One of the most powerful counterculture movements in the sixties was the civil rights movement. In 1964, Congress passed the Civil Rights Act to end racial discrimination in employment, institutions like hospitals and schools, and privately owned public accommodations In 1965, congress returned suffrage to black southerners, by passing the Voting Rights Act of 1965 (Foner 926). In the case of Loving v. Virginia (1967), the Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional (Foner 951). Because of the civil rights movement in the sixties, minorities gained more rights than they had prior to the 1960s.
Nearly three centuries ago, black men and women from Africa were brought to America and put into slavery. They were treated more cruelly in the United States than in any other country that had practiced slavery. African Americans didn’t gain their freedom until after the Civil War, nearly one-hundred years later. Even though African Americans were freed and the constitution was amended to guarantee racial equality, they were still not treated the same as whites and were thought of as second class citizens. One man had the right idea on how to change America, Martin Luther King Jr. had the best philosophy for advancing civil rights, he preached nonviolence to express the need for change in America and he united both African Americans and whites together to fight for economic and social equality.
Before any steps could be taken for the equality of human kind, we had the tackle the idea of intergrationism. This time is often referred to as the Nadir of American Race Relations, which simply put means that racism was at its worst during the time period of the Civil Rights Movement. Pulling together for equality proved to be a grueling task for Americans. In order to move into the future, one must let go of the past, and many people were not eager to abandon the beliefs that had been engrained in them since birth. Racial discrimination was present nationwide but the outrageous violence of African Americans in southern states became know as Jim Crow Laws.