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Board of Education decision he had written thirteen years earlier. The core of this argument, in the words of the assistant attorney general, was that according to “the most recent available evidence on the psycho-sociological aspect of this question … intermarried families are subjected to much greater pressures and problems then those of the intramarried.” For this reason, Virginia’s “prohibition of interracial marriage … stands on the same footing as the prohibition of polygamous marriage, or incestuous marriage or the prescription of minimum ages at which people may marry and the prevention of the marriage of people who are mentally incompetent.” In challenging these kinds of claims that anti-miscegenation policy was intended to promote social welfare, Chief Justice Warren looked back to the Brown v. These were the arguments that led Chief Justice Warren and Justice Black to lash out at the attorney. Virginia’s second line of defense was that the state had a rational basis for its policy.
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The problem here-as he surely knew-was that he was talking to a Court that simply did not feel constrained by these kinds of arguments. (The challengers countered that the proper originalist analysis should not focus on the narrow intentions of the framers but on the more general purposes of the Amendment.) Virginia’s lawyer knew that this was his strongest line of argument and he spent most of his time elaborating on it. The framers of the Fourteenth Amendment did not intend it to prohibit these kinds of regulations, and therefore the Court should not read it to do so. Its primary argument was based in history. Chief Justice Earl Warren and Justice Hugo Black were particularly aggressive. When Virginia’s assistant attorney general defended his state’s anti-miscegenation policy, by contrast, he faced an engaged and skeptical bench. Those who passed these laws “were not concerned with the racial integrity,” he argued, “but racial supremacy of the white race.” He later made the point more concisely: “These are slavery laws pure and simple.” Hirschkop also compared the law to the policies of Nazi Germany and South Africa. “You have before you today what we consider the most odious of the segregation laws and the slavery laws and our view of this law, we hope to clearly show is that this is a slavery law,” he told the Justices. His central argument was stark and direct. Hirschkop, the ACLU lawyer who made the equal protection argument for the challengers (another lawyer made the due process argument) spoke with almost no interruption from the bench. The winds of change were behind them, and the Justices were clearly with them. First, the momentum in the case was clearly on the side of those challenging these offensive laws. Looking back on the oral arguments in the case, several points stand out. The case was argued on April 10, 1967, and announced just two months later, on June 12. Virginia, the Supreme Court decision striking down bans on inter-racial marriage in sixteen states. Today marks the 53rd anniversary of Loving v.