Loving v. Virginia
The marriage of Mildred Jeter and Richard Loving made it all the way to the United States Supreme Court. A movie by Jeff Nichols, Loving, based on their case was released on November 4, 2016.
Write a case brief on the legal opinion (you can find the case here: https://supreme.justia.com/cases/federal/us/388/1/case.html or here http://law2.umkc.edu/faculty/projects/ftrials/conlaw/loving.html). Include the following sections in your brief: issue, facts (including procedural facts), rationale, and holding.
Read http://www.nytimes.com/2008/05/06/us/06loving.html. In addition to the case brief, write a 4-5 page typed, double-spaced essay that addressed the following:
1. What are miscegenation laws? Why did states have them?
2. What state interests was the Commonwealth of Virginia claiming to protect by enacting statutes such as the ones under which Mildred and Richard Loving were convicted.
3. Why do you believe the couple pled guilty? Should they have, in your opinion?
4. The opinion reference’s Virginia’s police power. Explain what a state’s police power is, the source from which a state derives this “power.”
5. Why did Richard and Mildred sue in federal court?
6. How is the U.S. Supreme Court’s ruling in Loving v. Virginia helpful to plaintiffs suing for the right to be legally married to a same-sex partner?
You may use other sources, read other articles, or get additional information from reliable sources on the internet. If you use someone else’s ideas, you must attribute the idea to them (or the source) in a footnote. When it comes to writing this essay, you must put your own thoughts on paper. Do not write with anyone else or read/use what another student has written. Do not paraphrase your sources.
Organize your thoughts and write a cohesive essay (that is grammatically sound and without spelling errors). The essay is an opinion paper – yours. It will be graded on your critical analysis and how well you express your ideas in response to the questions posed and support them. I strongly suggest that you contact the Learning Commons for a (virtual) tutoring session with a first draft to get advice and guidance. Read your paper aloud before you hand it in – you’ll be amazed at how many grammatical and spelling errors you find. Remove phrases such as “I believe,” ”I think,” and “in my opinion.” Such phrases are unnecessary – I know it is your opinion unless you are quoting another source.
Loving v. Virginia