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After the Democrats returned to power, the restriction was reimposed.

On the one hand, a person's reputation as black or white was usually decisive in practical matters.

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.

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.

On January 6, 1959, the Lovings pled guilty to "cohabiting as man and wife, against the peace and dignity of the Commonwealth." They were sentenced to one year in prison, with the sentence suspended on condition that the couple leave Virginia and not return together for at least 25 years.

After their conviction, the couple moved to the District of Columbia.

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Monks' race by relying on the anatomical "expertise" of a surgeon.

While he upheld their criminal convictions, he directed that their sentence be modified.

Carrico cited as authority the Virginia Supreme Court's decision in Naim v.

Naim (1955) and argued that the Lovings' case was not a violation of the Equal Protection Clause because both the white and the non-white spouse were punished equally for the crime of miscegenation, an argument similar to that made by the United States Supreme Court in 1883 in Pace v. The Lovings, still supported by the ACLU, appealed the decision to the United States Supreme Court, where Virginia was represented by Robert Mc Ilwaine of the state's attorney general's office.

The Lovings did not attend the oral arguments in Washington, but one of their lawyers, Bernard S.

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