In 1958 Mildred Jeter and Richard Loving, two young lovers from
Caroline County, Virginia, got married. Soon they were hauled out
of their bedroom in the middle of the night and taken to jail.
Their crime? Loving was white, Jeter was not, and in Virginia--as
in twenty-three other states then--interracial marriage was
illegal. Their experience reflected that of countless couples
across America since colonial times. And in challenging the laws
against their marriage, the Lovings closed the book on that very
long chapter in the nation's history. "Race, Sex, and the Freedom
to Marry" tells the story of this couple and the case that forever
changed the law of race and marriage in America.
The story of the Lovings and the case they took to the Supreme
Court involved a community, an extended family, and in particular
five main characters--the couple, two young attorneys, and a crusty
local judge who twice presided over their case--as well as such key
dimensions of political and cultural life as race, gender,
religion, law, identity, and family. In "Race, Sex, and the Freedom
to Marry," Peter Wallenstein brings these characters and their
legal travails to life, and situates them within the wider
context--even at the center--of American history. Along the way, he
untangles the arbitrary distinctions that long sorted out Americans
by racial identity--distinctions that changed over time, varied
across space, and could extend the reach of criminal law into the
most remote community. In light of the related legal arguments and
historical development, moreover, Wallenstein compares interracial
and same-sex marriage.
A fair amount is known about the saga of the Lovings and the
historic court decision that permitted them to be married and
remain free. And some of what is known, Wallenstein tells us, is
actually true. A detailed, in-depth account of the case, as
compelling for its legal and historical insights as for its human
drama, this book at long last clarifies the events and the
personalities that reconfigured race, marriage, and law in
America.
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