Remarks by the President on Trayvon Martin

Posted in Articles, Barack Obama, Law, Media Archive, Politics/Public Policy, United States, Videos on 2013-07-20 03:06Z by Steven

Remarks by the President on Trayvon Martin

The White House
Office of the Press Secretary
James S. Brady Press Briefing Room
2013-07-19, 17:33Z (13:33 EDT)

Barack H. Obama, President of the United States

I wanted to come out here, first of all, to tell you that Jay is prepared for all your questions and is very much looking forward to the session.  The second thing is I want to let you know that over the next couple of weeks, there’s going to obviously be a whole range of issues—immigration, economics, et cetera−we’ll try to arrange a fuller press conference to address your questions.

The reason I actually wanted to come out today is not to take questions, but to speak to an issue that obviously has gotten a lot of attention over the course of the last week—the issue of the Trayvon Martin ruling.  I gave a preliminary statement right after the ruling on Sunday.  But watching the debate over the course of the last week, I thought it might be useful for me to expand on my thoughts a little bit.

First of all, I want to make sure that, once again, I send my thoughts and prayers, as well as Michelle’s, to the family of Trayvon Martin, and to remark on the incredible grace and dignity with which they’ve dealt with the entire situation.  I can only imagine what they’re going through, and it’s remarkable how they’ve handled it…

..You know, when Trayvon Martin was first shot I said that this could have been my son.  Another way of saying that is Trayvon Martin could have been me 35 years ago.  And when you think about why, in the African American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African American community is looking at this issue through a set of experiences and a history that doesn’t go away.

There are very few African American men in this country who haven’t had the experience of being followed when they were shopping in a department store.  That includes me.  There are very few African American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars.  That happens to me—at least before I was a senator.  There are very few African Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off.  That happens often…

…And for those who resist that idea that we should think about something like these “stand your ground” laws, I just ask people to consider if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened?

And if the answer to that question is at least ambiguous, it seems to me that we might want to examine those kinds of laws…

Read the entire transcript here.

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In Wake of Zimmerman Verdict, Obama Makes Extensive Statement on Race in America [with video]

Posted in Articles, Barack Obama, Law, Media Archive, Politics/Public Policy, United States, Videos on 2013-07-19 21:14Z by Steven

In Wake of Zimmerman Verdict, Obama Makes Extensive Statement on Race in America [with video]

The New York Times
2013-07-19

Mark Landler, White House Correspondent

Michael D. Shear, White House Correspondent

WASHINGTON — President Obama, making a surprise appearance on Friday in the White House briefing room to address the verdict in the Trayvon Martin killing, spoke in personal terms about the experience of being a black man in the United States, trying to put the case in the perspective of African-Americans. They were Mr. Obama’s most extensive comments on race since 2008, and his most extensive as president.

“I think it’s important to recognize that the African-American community is looking at this issue through a set of experiences and a history that — that doesn’t go away,” Mr. Obama said in the briefing room. “There are very few African-American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me.”…

…Mr. Obama issued a statement shortly after the verdict. But on Friday, he talked more broadly about his own feelings about the verdict and the impact it has had among African-Americans. “You know, when Trayvon Martin was first shot, I said that this could have been my son,” he said. “Another way of saying that is Trayvon Martin could have been me 35 years ago.”

…Mr. Obama had been under pressure from some African-Americans to weigh in more forcefully after the verdict. For several days, his spokesman deflected questions about Mr. Obama reaction.

But on Friday, after several days of silence, the president appeared eager to offer his thoughts. He declined to take questions, but talked at length about his personal experience as a black man and about the historical context that shapes African-American responses to cases like the one involving Mr. Martin.

“That all contributes, I think, to a sense that if a white male teen was involved in the same kind of scenario, that, from top to bottom, both the outcome and the aftermath might have been different,” Mr. Obama said.

When Mr. Martin was shot in 2012, the president offered an emotional response, saying that “If I had a son, he’d look like Trayvon” and adding that “When I think about this boy, I think about my own kids.”…

Read the entire article here.

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On Martin case, Obama shifts from passion to calm

Posted in Articles, Barack Obama, Law, Media Archive, Politics/Public Policy, United States on 2013-07-16 17:42Z by Steven

On Martin case, Obama shifts from passion to calm

Associated Press
2013-07-16

Julie Pace

WASHINGTON (AP) – When President Barack Obama first addressed the death of Trayvon Martin last year, he did so passionately, declaring that if he had a son, he would look like the slain 17-year-old. His powerful and personal commentary marked a rare public reflection on race from the nation’s first black president.

But now, with the man who fatally shot Martin acquitted and the burden of any future charges squarely on his own administration, Obama is seeking to inject calm into a case that has inflamed passions, including his own. In a brief statement, the president called Martin’s killing a “tragedy” but implored the public to respect a Florida jury’s decision to clear George Zimmerman, the man charged in the teen’s death.

“I know this case has elicited strong passions. And in the wake of the verdict, I know those passions may be running even higher,” Obama said Sunday. “But we are a nation of laws, and a jury has spoken.”…

Read the entire article here.

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Trayvon Martin, my son, and the Black Male Code

Posted in Articles, Law, Media Archive, Social Science, United States on 2013-07-14 16:20Z by Steven

Trayvon Martin, my son, and the Black Male Code

The Associated Press
2012-03-24

Jesse Washington, National Writer/Race and Ethnicity

PHILADELPHIA (AP) — I thought my son would be much older before I had to tell him about the Black Male Code. He’s only 12, still sleeping with stuffed animals, still afraid of the dark. But after the Trayvon Martin tragedy, I needed to explain to my child that soon people might be afraid of him.

We were in the car on the way to school when a story about Martin came on the radio. “The guy who killed him should get arrested. The dead guy was unarmed!” my son said after hearing that neighborhood watch captain George Zimmerman had claimed self-defense in the shooting in Sanford, Fla.

We listened to the rest of the story, describing how Zimmerman had spotted Martin, who was 17, walking home from the store on a rainy night, the hood of his sweatshirt pulled over his head. When it was over, I turned off the radio and told my son about the rules he needs to follow to avoid becoming another Trayvon Martin – a black male who Zimmerman assumed was “suspicious” and “up to no good.”…

Read the entire article here.

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Letter to Governor Paul B. Johnson Jr. and Lieutenant Governor Carroll Gartin

Posted in Law, Letters, Media Archive, Mississippi, United States on 2013-07-07 19:42Z by Steven

Letter to Governor Paul B. Johnson Jr. and Lieutenant Governor Carroll Gartin

University of Southern Mississippi Libraries
Special Collections: Exhibits and Events
1964-02-14

  

Mississippi State Sovereignty Commission
New Capitol Building
Jackson, Mississippi

Erle Johnston, Jr., Director
Governor Ross R. Barnett, Chairman

Phones: FL 4-3218; FL 2-1022

MEMORANDUM

TO: Honorable Paul B. Johnson, Governor; Honorable Carroll Gartin, Lieutenant Governor

FROM: Director, Sovereignty Commission

SUBJECT: Louvenia Knight (Williamson) and her two sons, Edgar Williamson, born May 1, 1954, and Randy Williamson, born October 10, 1955

  1. This a condensation of a very voluminous file in the Sovereignty Commission on the two Williamson boys, shown on their birth certificates to be white males, sons of white parents, but possessing an amount of Negro blood believed to be between 1/16 and 1/32.
  2. This family lives in the Stringer community of Jasper County. A school bus from Stringer white attendance center passes in front of their home and also a school bus from the white attendance center at Soso in Jones County. The School Board in Jasper County will not permit them to go to the white school and the School Board in Jones County will not take them on transfer. They cannot and will not attend the Negro schools because they are white and because this would be violating Mississippi law. They are now eight and nine years old respectively and have never attended school one day.
  3. The State Department of Education asked the Sovereignty Commission to investigate and try to work out a solution to this problem. The Sovereignty Commission has made every attempt, through investigation and meeting with the school board personnel, to get these boys into a white school. We have even advised the officials involved that we can expect a lot of bad publicity on Mississippi if the boys are not admitted to a school. As of now, the newspapers, who know about the case, are withholding publication at the request of the Sovereignty Commission Director. We cannot maintain this black-out indefinitely.
  4. Unless the influence of the Governor’s office and/or the Lieutenant Governor’s office can be of some assistance in solving this problem, the Sovereignty Commission must close its files with the situation remaining status quo. When we close our files without progress we are afraid the news media will begin to publicize this case as two white boys who cannot go to school in Mississippi. As a newspaper man myself, I realize this story would make national headlines and we hare attempted to avoid it.
  5. The Sovereignty Commission Director will be happy to hear any recommendations from the Governor or Lieutenant Governor. The Commission file on this case is available if you wish to study it in detail.

Erle Johnston, Jr.
EJ/ea

View the letter here.

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Racial Discrimination in Medicine versus Race-Based Medicine: The Ethical, Legal and Policy Implications on Health Disparities

Posted in Articles, Health/Medicine/Genetics, Law, Media Archive, Politics/Public Policy, United States on 2013-07-06 01:37Z by Steven

Racial Discrimination in Medicine versus Race-Based Medicine: The Ethical, Legal and Policy Implications on Health Disparities

Georgetown Journal of Law & Modern Critical Race Perspectives
Volume 3, Issue 1 (Spring 2011)
pages 59-86

Christopher Ogolla, LL.M., J.D., M.A., M.P.H., B.A., Academic Support Instructor
Thurgood Marshall School of Law
Texas Southern University

This paper explores the history of racial discrimination in medicine and evaluates the ethical and policy issues raised by race-based medicine. It notes that proponents of race-based medicine have failed to frame the debate in such a way that distinguishes it from racial discrimination in medicine and suggests that race-based medicine is more likely to pass muster if it is framed in terms of elimination of health disparities among different segments of the population. The paper attempts to answer questions such as whether race was and is still a dominant factor in medicine, and whether it is ethical to tie one’s advice (as a medical professional) to a patient’s race. More importantly, the paper explores the issue of whether race-based medicine can ever be justified.

The paper argues that traditional medicine sometimes supported by the government, fostered bias and discrimination against minorities and suggests that this history has injected a level of suspicion and cynicism in public discussions of race-based medicine. The paper evaluates benefits and pitfalls of race-based medicine and analyzes the ethical, legal and policy implications of such a practice. It recommends that there is some value in understanding the variable response to drugs and the ethics of producing drugs for those who need it most, even if they happen to be members of one ethnic group. The paper concludes by noting that race-based medicine promises to achieve optimal medical outcomes by helping physicians and patients choose patient-specific disease management approaches based on a patient’s genetic profile.

Read the entire article here or here.

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Racial Capitalism

Posted in Articles, Law, Media Archive, Social Science, United States on 2013-06-30 23:18Z by Steven

Racial Capitalism

Harvard Law Review
Volume 126, Number 8 (June 2013)
pages 2151-2226

Nancy Leong, Associate Professor
University of Denver, Sturm College of Law

Racial capitalism—the process of deriving social and economic value from racial identity—is a longstanding, common, and deeply problematic practice. This Article is the first to identify racial capitalism as a systemic phenomenon and to undertake a close examination of its causes and consequences.

The Article focuses on instances of racial capitalism in which white individuals and predominantly white institutions use non-white people to acquire social and economic value. Our affirmative action doctrine provides much of the impetus for this form of racial capitalism. That doctrine has fueled an intense legal and social preoccupation with the notion of diversity, which encourages white individuals and predominantly white institutions to engage in racial capitalism by using non-white people to acquire social and economic value. An examination of these consequences is particularly timely given the Supreme Court’s recent grant of certiorari in Fisher v. University of Texas.

Racial capitalism has serious negative consequences both for individuals and for society as a whole. The process of racial capitalism requires commodification of racial identity, which degrades that identity by reducing it to another thing to be bought and sold. Commodification also fosters racial resentment by causing non-white people to feel used or exploited by white people. And the superficial value assigned to non-whiteness within a system of racial capitalism displaces measures that would lead to meaningful social reform.

In an ideal society, commodification of racial identity would not occur. Given the imperfections of our current society, however, the Article instead proposes a pragmatic approach of reactive commodification. Under this approach, we would discourage commodification of race. But if commodification did occur, we would identify it as commodification, call attention to its harms, and ensure that non-white individuals received compensation for the value derived from their racial identity. This approach would ultimately allow progress toward a society in which we successfully recognize and respect racial identity without engaging in racial capitalism.

TABLE OF CONTENTS

  • INTRODUCTION
  • I. Valuing Race
    • A. Whiteness as Property
    • B. Diversity as Revaluation
    • C. The Worth of Non-Whiteness
  • II. A Theory of Racial Capital
    • A. Race as Marxian Capital
    • B. Race as Social Capital
    • C. Racial Capital
  • III. Critiquing Racial Capitalism
    • A. Commodification
    • B. Individual Harms
      • 1. Fractured Identity
      • 2. Performance Demands
      • 3. Economic Disadvantage
    • C. Social Harms
      • 1. Impoverished Discourse
      • 2. Racial Resentment
      • 3. Displaced Reform
  • IV. A Way Forward
  • CONCLUSION

…This Article is the first to identify racial capitalism as a systemic phenomenon and the first to describe the way that non-whiteness, in particular, is capitalized. Of course, assigning value to race is nothing new for America. Whiteness has been a source of value throughout our history, conferring power and privilege on the possessor. Courts have recognized the value of whiteness—for example, they have held that calling a white person “black” constitutes defamation and therefore qualifies for legal redress. Litigants have also acknowledged the value of whiteness—for example, in Plessy v. Ferguson, Homer Plessy referred to his racial identity as the “most valuable sort of property.” And scholars have examined the value of whiteness—for example, Cheryl Harris’ acclaimed work Whiteness as Property posits that whiteness is a kind of “status property” that can be both analogized to conventional forms of property and literally converted to those forms…

Read the entire article here.

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Cherokee Phoenix: Remarks on the Report of the Committee on Indian Affairs in the House of Representatives

Posted in Articles, Law, Media Archive, Native Americans/First Nation, United States on 2013-06-26 02:26Z by Steven

Cherokee Phoenix: Remarks on the Report of the Committee on Indian Affairs in the House of Representatives

Cherokee Phoenix and Indians’ Advocate
New Echota, Georgia
Wednesday, 1830-03-30
Volume II, Number 50
Page 1, column 1b; Page 2, column 2b
Source: Hunter Library, Western Carolina University and Georgia Historic Newspapers

We have read that part of the report of the Committee on Indian Affairs in the House of Representatives, which describes the condition of the Cherokees, with feelings of indignation, and sincere regret that otherwise intelligent men should be prompted by self-interest, to the reiteration of studied and criminal misrepresentations.  We were aware, considering the political opinions of a majority of the committee, of the general principles which would be promulgated by them, still we did not in the least suppose that, to justify the policy of removing the Cherokees, such unfounded and untenable premises would be resorted to.  But it is even so.  As truth cannot be brought to second their design, misstatements and falsehoods, derived from interested and mercenary persons must be put in requisition.  It matters not what is sacrificed, so that the great arm of removing and destroying (as we do now verily believe) the Indians may be accomplished.  We can now no longer exercise charity for the advocates of Indian emigration, when it is apparent that their design is intended to be brought about by deception-this is the battery to demolish truth and justice, & with what skill and dexterity it is handled, may be learnt from the following extracts of the report.

The committee are constrained to believe, from the effects of the new institutions, [Cherokee Government]  and the sentiments and principles of most of those who have the direction of them that the Cherokee Indians of pure blood, as they did not understand the design, so they are not likely to profit by the new order of things.

The committee here hazard assertions gratuitously. How do they know in the first place, “the sentiments and principles of most of those who have the direction of these new institutions?”  By what process have they been led to the knowledge and  what are the sentiments and principles here spoken of?  Should they not in justice to themselves, have stated what they are?  The sentiments and principles of the Cherokees are contained in the written constitution long ago made public, which secures to every free man equal rights and privileges.- In the second place, how do the committee know that the full blooded Cherokees did not understand the design of these new institutions, and of course are not likely to be profited.  We take it for granted that they did understand them, for these new institutions were sanctioned by them, having been reduced into a written form by persons (some of pure blood too) elected for the purpose by their votes.
 
When the mixed race began to assert its superiority, may be dated the commencement of the deterioration of the mass of the tribe.

When the mixed Cherokees were admitted into the councils of the nations “may be dated,” the overthrow of Indian prejudices against civilization, and consequently the commencement of that improvement which has so justly distinguished the Cherokees, the assertions of the committee to the contrary notwithstanding.

That part of their ancient usages which secured an equal division of the presents and spoils which fortune threw in their way, has been slowly undermined.  Wealth has long since become the principal badge of distinction among them, and those who possess it constitute a distinct class.  However patriotic or public spirited some few individuals of those who were active in forming the new government may have originally been they have at last been compelled to yield to the general spirit of those around them; and the only tendency yet perceivable in the new institutions has been to enable those who control them to appropriate the whole resources of the tribe to themselves.  For this purpose, they have in effect, taken the regulation of their trade into their own hands.  They appear, also to have established something in the nature of a loan office or bank, in which are deposited the funds arising from the annuities payable by the Government; and these are lent out among themselves or their favorites.  The committee have not been able to learn, that the common Indians have shared any part of the annuities of the tribe, for many years.  The number of those who control the Government are understood not to exceed twenty-five or thirty persons.  These, together with their families and immediate dependents and connexions (sic), may be said to constitute the whole commonwealth, so far as any real advantages can be said to attend the new system of government.  Besides this class, which embraces all the large fortune holders, there are about two hundred families, constituting a middle class in the tribe.  This class is composed of the Indians of mixed blood, and white men with Indian families.  All of them have some property, and may be said to live in some degree of comfort.  The committee are not aware that a single Indian of unmixed blood, belongs to either of the two higher classes of Cherokees, but they suppose there may be a few such among them.  The third class of the free population is composed of Indians, properly so denominated, who, like their brethren of the red race everywhere else, exhibit the same characteristic traits of unconquerable indolence, improvidence, and inordinate love of ardent spirits.  They are the tenants of the wretched huts and villages in the recesses of the mountains and elsewhere, remote from the highways and the neighborhood of the wealthy and prosperous.

In regard to the annuities, we have stated in a previous number of the Phoenix, that they are not divided among the people as in ancient time, but paid into the treasury of the nation and kept as a public fund for the support of the government and other public objects.  Do the committee suppose that these annuities are so large that they are the cause of much wealth and corruption to the “mixed class?”  ???_try do we can tell them better.  The whole amount of these annuities is very little over six thousand dollars and the sum paid yearly to each member of the council “mixed” and “pure blood” for services, is from seventy to one-hundred  dollars.- This small pittance is all they receive.- There is now no “loan office or bank” among the Cherokees.  When there was one, every person; “mixed’ or “pure blood” if he was able to pay, had the liberty of borrowing.  It is therefore false, positively false, when they say that “those who control the new institutions appropriate the whole resources of the tribe to themselves.”  It is a little surprising that the Indian committee in congress should indirectly advocate cold ignorant customs of the Cherokees; such as the custom of dividing among the individuals of the nation, the annuities, a dollar’s worth or so of goods to each, which could not possibly benefit them.  It is civilization which has changed the custom, and however the Hon. Committee may be disposed to impugn the motives of those who have been instrumental in bringing about the change, it is a triumphant instance of the civil improvement of the Cherokees.

But the most remarkable reasoning of the Committee is where they say that the number of those who control the Cherokee government does not exceed twenty-five or thirty.  What of that?  How many control the government of the United States of 12,000,000 inhabitants?  One Chief for 40,000 souls, while the avaricious, the despotic and wealthy “mixed” Cherokee is a representative of only a few hundred.  What did the committee mean?  Did they intend this as an objection to the new institution?

If the committee are not aware whether a single unmixed Cherokee belongs to either of the higher classes, it is because they did not seek testimony from a proper source, or they did not wish to believe existing facts. The speaker of the council of last year was of “pure blood.”-the Clerk of the Council was of “pure blood.”…

Read the entire article here or here.

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Mildred Loving, Who Battled Ban on Mixed-Race Marriage, Dies at 68

Posted in Articles, Biography, Law, Media Archive, United States, Virginia on 2013-06-20 21:37Z by Steven

Mildred Loving, Who Battled Ban on Mixed-Race Marriage, Dies at 68

The New York Times
2008-05-06

Douglas Martin

Mildred Loving, a black woman whose anger over being banished from Virginia for marrying a white man led to a landmark Supreme Court ruling overturning state miscegenation laws, died on May 2 at her home in Central Point, Va. She was 68.

Peggy Fortune, her daughter, said the cause was pneumonia.

The Supreme Court ruling, in 1967, struck down the last group of segregation laws to remain on the books — those requiring separation of the races in marriage. The ruling was unanimous, its opinion written by Chief Justice Earl Warren, who in 1954 wrote the court’s opinion in Brown v. Board of Education, declaring segregated public schools unconstitutional.

In Loving v. Virginia, Warren wrote that miscegenation laws violated the Constitution’s equal protection clause. “We have consistently denied the constitutionality of measures which restrict the rights of citizens on account of race,” he said.

By their own widely reported accounts, Mrs. Loving and her husband, Richard, were in bed in their modest house in Central Point in the early morning of July 11, 1958, five weeks after their wedding, when the county sheriff and two deputies, acting on an anonymous tip, burst into their bedroom and shined flashlights in their eyes. A threatening voice demanded, “Who is this woman you’re sleeping with?”

Mrs. Loving answered, “I’m his wife.”

Mr. Loving pointed to the couple’s marriage certificate hung on the bedroom wall. The sheriff responded, “That’s no good here.”

The certificate was from Washington, D.C., and under Virginia law, a marriage between people of different races performed outside Virginia was as invalid as one done in Virginia. At the time, it was one of 24 states that barred marriages between races…

…Mildred Delores Jeter’s family had lived in Caroline County, Va., for generations, as had the family of Richard Perry Loving. The area was known for friendly relations between races, even though marriages were forbidden. Many people were visibly of mixed race, with Ebony magazine reporting in 1967 that black “youngsters easily passed for white in neighboring towns.”

Mildred’s mother was part Rappahannock Indian, and her father was part Cherokee. She preferred to think of herself as Indian rather than black.

Mildred and Richard began spending time together when he was a rugged-looking 17 and she was a skinny 11-year-old known as Bean. He attended an all-white high school for a year, and she reached 11th grade at an all-black school.

When Mildred became pregnant at 18, they decided to do what was elsewhere deemed the right thing and get married. They both said their initial motive was not to challenge Virginia law.

“We have thought about other people,” Mr. Loving said in an interview with Life magazine in 1966, “but we are not doing it just because somebody had to do it and we wanted to be the ones. We are doing it for us.”…

Read the entire obituary here.

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How the ‘Loving’ Case Changed the US

Posted in Articles, Gay & Lesbian, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2013-06-15 17:39Z by Steven

How the ‘Loving’ Case Changed the US

The Root
2013-06-12

Kelli Goff, Special Correspondent

The legacy of the interracial-marriage case looms large on the 46th anniversary of the landmark decision.

Forty-six years ago, on June 12, 1967, the Supreme Court ruled that a Virginia law prohibiting Mildred Jeter Loving, who was black, and Richard Loving, who was white, from marrying because of their race was unconstitutional. Their family name, “Loving,” was so perfect for a case about love that it probably would have been dubbed unbelievable if the story were being pitched as fiction.

The case transformed the landscape of America. In a statement to The Root, Kim Keenan, general counsel for the NAACP, said of Loving v. Virginia’s impact, “Along with other key cases, it brought an end to a separate-and-unequal legally sanctioned way of life in America.”

Below is a list of the top ways that Loving v. Virginia has directly and indirectly changed America.

It gave the United States its first black president. Barack Obama was born in 1961, and the Loving case was decided in 1967, but the Lovings were married in 1958 in Washington, D.C. They were arrested upon returning to their native Virginia for defying the state’s anti-miscegenation statute. Their sentence of one year in prison or the option of leaving their home state set the groundwork for their landmark Supreme Court case. In doing so they made it possible for families like that of President Obama, which consisted of his black African father and white American mother, to legally exist in the state nearest to the city that the president and his family now call home…

Read the entire article here.

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