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Despite conflicting testimony by various expert witnesses, the judge defined Mrs.Monks' race by relying on the anatomical "expertise" of a surgeon.On the other hand, most laws used a "one drop of blood" rule, which meant that one black ancestor made a person black in the view of the law.At the age of 18, Mildred became pregnant; in June 1958, the couple traveled to Washington, D. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.The fact that he separated the races shows that he did not intend for the races to mix.On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the Virginia Supreme Court. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes.
The case was brought by Mildred Loving, a black woman, and Richard Loving, a white man, who had been sentenced to a year in prison in Virginia for marrying each other.
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.
The court did not need to affirm the constitutionality of the ban on interracial marriage that was also part of Alabama's anti-miscegenation law, since the plaintiff, Mr. Kirby asked the state of Arizona for an annulment of his marriage. The court case involved a legal challenge over the conflicting wills that had been left by the late Allan Monks; an old one in favor of a friend named Ida Lee, and a newer one in favor of his wife.
Pace, had chosen not to appeal that section of the law. Alabama, the constitutionality of anti-miscegenation laws banning marriage and sex between whites and non-whites remained unchallenged until the 1920s. He charged that his marriage was invalid because his wife was of "negro" descent, thus violating the state's anti-miscegenation law. Kirby's race by observing her physical characteristics and determined that she was of mixed race, therefore granting Mr. Lee's lawyers charged that the marriage of the Monkses, which had taken place in Arizona, was invalid under Arizona state law because Marie Antoinette was "a Negro" and Alan had been white.
Interracial marital sex was deemed a felony, whereas extramarital sex ("adultery or fornication") was only a misdemeanor.