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Defendants convicted, Caroline County Circuit Court (January 6, 1959); motion to vacate judgment denied, Caroline County Circuit Court (January 22, 1959); affirmed in part, reversed and remanded, 147 S. The Supreme Court's unanimous decision determined that this prohibition was unconstitutional, overruling Pace v. Their marriage violated the state's anti-miscegenation statute, the Racial Integrity Act of 1924, which prohibited marriage between people classified as "white" and people classified as "colored".

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In 1964, frustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney General Robert F. The ACLU assigned volunteer cooperating attorneys Bernard S. Hirschkop, who filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment's Equal Protection Clause.

On October 28, 1964, after waiting almost a year for a response to their motion, the ACLU attorneys brought a class action suit in the U. District Court for the Eastern District of Virginia.

Echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, the local court wrote: Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents.

And but for the interference with his arrangement there would be no cause for such marriages.

Cohen, conveyed the message he had been given by Richard Loving: "Mr.