Basic Information

The architect Cass Gilbert had grand ambitions for his design of a new home for the Supreme Court--what he called "the greatest tribunal in the world, one of the three great elements of our national government." Gilbert knew that the approach to the Court, as much as the structure itself, would define the experience of the building, but the site presented a challenge. Other exalted Washington edifices--the Capitol, the Washington Monument, the Lincoln Memorial--inspired awe with their processional approaches. But in 1928 Congress had designated for the Court a cramped and asymmetrical plot of land, wedged tightly between the Capitol and the Library of Congress. How could Gilbert convey to visitors the magnitude and importance of the judicial process taking place within the Court's walls?
The answer, he decided, was steps. Gilbert pushed back the wings of the building, so that the public face of the building would be a portico with a massive imposing stairway. Visitors would not have to walk a long distance to enter, but few would forget the experience of mounting those forty-four steps to the double row of eight massive columns supporting the roof. The walk up the stairs would be the central symbolic experience of the Supreme Court, a physical manifestation of the American march to justice. The stairs separated the Court from the everyday world--and especially from the earthly concerns of the politicians in the Capitol-- and announced that the justices would operate, literally, on a higher plane. (Toobin, Jeffrey. The Nine: Inside the Secret World of the Supreme Court. New York: Anchor Books, 2008.)

Thursday, February 25, 2010

Loving vs. Virginia 1967

It is imperative to acknowledge the impact that this case has on many people now. More than seven percent of the 59 million married couples in the United States are interracial. I would say that the last name of Richard Loving is very ironic in this case. According to the Virginia antimiscengenation laws, they banned interracial marriage and sometimes sex between members of two different races. This was solely a case based on racial discrimination. This case violated the fourteenth amendment which gives equal protection to all people. In recent days we would look at this case as totallly ridiculous and we would never deny the right to marriage for interracial couples. Our issue that is posed to us now is the case of gay marriage. I guarantee that in our lifetime we will see the result of that case in a Supreme Court decision.

Facts of the Case:
In 1958, two residents of Virginia, Mildred Jeter, a black woman, and Richard Loving, a white man, were married in the District of Columbia. The Lovings returned to Virginia shortly thereafter. The couple was then charged with violating the state's antimiscegenation statute, which banned inter-racial marriages. The Lovings were found guilty and sentenced to a year in jail (the trial judge agreed to suspend the sentence if the Lovings would leave Virginia and not return for 25 years).

Question:
Did Virginia's antimiscegenation law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion:
Yes. In a unanimous decision, the Court held that distinctions drawn according to race were generally "odious to a free people" and were subject to "the most rigid scrutiny" under the Equal Protection Clause. The Virginia law, the Court found, had no legitimate purpose "independent of invidious racial discrimination." The Court rejected the state's argument that the statute was legitimate because it applied equally to both blacks and whites and found that racial classifications were not subject to a "rational purpose" test under the Fourteenth Amendment.
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