US Supreme Court Page

Racial Intermarriage

Loving vs. Virginia  388 US 1 (1967)

This case involved a white male and a black female, residents of Virginia, who were married in Washington, D.C.   The Lovings' returned to Virginia and attempted to live there but the State of Virginia indicted and convicted them of violating its laws against racial intermarriage.  They left and agreed not to live there for 25 years.  The Lovings challenged the agreement.  The appeal was rejected by Virginia courts.  The Us Supreme court upheld by, which ruled the Virginia courts in other states which forbid intermarriage. They ordered local officials to issue marriage licenses to interracial couples applying for them.


Integration and the "Burger Court"

The Supreme Court in Swann Vs. Charlotte- Mecklenburg Board of Education (1971) called on lower courts to make every effort to improve the situation.  The chief Justice Burger said, " The Constitutional command to desegregate does not mean that every school in every community will always reflect the racial composition of the school system as a whole."  In Keyes Vs. school District No. 1 Denver Colorado ( June 1973) the supreme court stated that the differentiating factor between de jure and de facto segregation is purpose or intent to segregate and demanded the school board prove that it had not intentionally effected a policy that created or maintained segregation in the core city schools.

University of California Regents vs. Bakke
438 US 265 (1978)

Allen Bakke, a white male, applied for the University of California at Davis Medical School and was denied admission.  He claimed that he was unlawfully discriminated against.  The school had a special admission policy that excluding non minority applicants from consideration for 16 out of 100 places, not including the qualifications of the students.  The court could not agree on the opinion for Allen Bakke but they did conclude that the school's special admissions program violated the law by excluding the non minority applicants.


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