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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.
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".
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.
However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I am not black." A factor contributing to the confusion is that it was seen at the time of her arrest as advantageous to be "anything but black." 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.