All language subtitles for The.Loving.Story.2011.720p.WEBRip.x264.AAC-[YTS.MX]

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Judge Leon Bazile:
ALMIGHTY GOD

CREATED THE RACES--

WHITE, BLACK, YELLOW,

MALAY, AND RED--

AND HE PLACED THEM
ON SEPARATE CONTINENTS.

AND BUT FOR THE INTERFERENCE
WITH HIS ARRANGEMENT,

THERE WOULD BE NO CAUSE
FOR SUCH MARRIAGES.

THE FACT THAT
HE SEPARATED THE RACES

SHOWS THAT HE DID NOT INTEND
FOR THE RACES TO MIX.

♪ QUIET LIGHT,
SOME STILL DAY ♪

♪ I AM GOING HOME ♪

♪ IT'S NOT FAR ♪

♪ JUST CLOSE BY ♪

♪ THROUGH AN OPEN DOOR ♪

♪ WORK ALL DONE ♪

♪ CARE LAID BY... ♪

Peggy Loving:
IT WAS LOVE AT FIRST SIGHT.

TO MARRY SOMEONE
AND THEN HAVE TO GO THROUGH

ALL THAT THEY WENT THROUGH,
IT WAS NOTHING BUT LOVE.

♪ MOTHER'S THERE
EXPECTING ME ♪

♪ FATHER'S WAITING, TOO ♪

♪ LOTS OF FACES
GATHERED THERE ♪

♪ ALL THE FRIENDS
I KNEW. ♪

( vocalizing )

Peggy:
MY MOM WAS TALL AND SKINNY,

AND THEY TEASED HER
AND CALLED HER "STRINGBEAN."

( kids chattering )

Peggy:
AND THEN EVENTUALLY,
HE KNOCKED OFF THE "STRING"

AND HE CALLED HER "BEAN."

OUCH.

- OKAY.
- HERE YOU GO.

OUCH.

MY LITTLE SOCK.

I HAVE SO MANY SOCKS.

OUCH.

( Sidney Loving babbling )

WHERE'S YOUR BOOTS, PEGGY?

- IN THE KITCHEN.
- ( clanging )

- Donald Loving: YOU GOING
TO PITCH ON DOWN?
- Sidney: YEAH.

Mildred Loving:
WE WERE MARRIED ON
THE 2nd DAY OF JUNE,

AND THE POLICE CAME AFTER US
THE 14th OF JULY.

IT WAS ABOUT 2:00 A.M.

AND I SAW THIS LIGHT,
YOU KNOW, AND I WOKE UP

AND THERE WAS THE POLICEMAN
STANDING BESIDE THE BED.

AND HE TOLD US TO GET UP,
THAT WE WAS UNDER ARREST.

THEY CAME ONE NIGHT
AND THEY KNOCKED

A COUPLE OF TIMES--
I HEARD THEM.

BEFORE I COULD GET UP,
YOU KNOW,

THEY JUST BROKE THE DOOR
AND CAME ON IN.

WHEN WE GOT UP,
THEY WERE STANDING
BESIDE THE BED

WITH FLASHLIGHTS.

Mildred:
THEY ASKED RICHARD

WHO WAS THAT WOMAN
HE WAS SLEEPING WITH.

I SAID,
"I'M HIS WIFE."

THE SHERIFF SAID,
"NOT HERE, YOU'RE NOT."

HE SAID,
"COME ON, LET'S GO."

Ken Edwards:
THEY KNEW HE WAS COMING--
SHERIFF BROOKS.

THEY HAD GOTTEN THE WORD.

HE HAD BEEN THERE
SEVERAL TIMES IN THE DAYTIME

AND THEY WERE NEVER HOME.

SO HE WENT DOWN
AT 4:00 IN THE MORNING.

THEY WERE THERE.

Mildred:
LATER, THEY CARTED US
TO BOWLING GREEN

AND LOCKED US UP.

Edwards:
THAT JAIL WAS HELL.

IT HAD 16 BUNKS IN IT,

BUT IT WASN'T NO MOTEL.

WHEN SHE WAS ARRESTED,

SHE WAS PUT
IN THE SMALL CELL,
THE WOMAN'S CELL.

THEY HAD A SINK
AND A COMMODE,

AND YOU'D GIVE THEM
A LITTLE SOMETHING TO EAT
THROUGH THE DOOR.

WE COULD ONLY TAKE
ONE WOMAN.

Mildred:
ONE AFTERNOON,
THIS INMATE HAD BEEN OUT

ON THE OUTSIDE WORKING.

AND WHEN THE SHERIFF
BROUGHT HIM BACK IN,

HE SAID, "I SHOULD
LET YOU GO IN HERE
WITH HER TONIGHT."

IT SCARED ME TO DEATH.

I MEAN, THE WAY
I FEEL ABOUT IT IS

THERE'S JUST A FEW PEOPLE
THAT LIVES IN THIS COMMUNITY.

THERE'S A FEW WHITE,
THERE'S A FEW COLORED,

AND WE ALL--
AS WE GREW UP,

AND AS THEY GREW UP,
THEY ALL HELPED ONE ANOTHER,
YOU KNOW?

IT WAS ALL, AS I'D SAY,
MIXED TOGETHER TO START WITH,

SO IT JUST KEPT
GOING THAT WAY.

IT'S BEEN THAT WAY
FOR YEARS DOWN HERE.

THERE'S A LOT OF IT DOWN HERE,
BUT WE'RE THE ONLY ONES

WHO'VE BEEN BOTHERED
ABOUT IT.

IT'S A LOT OF THE SAME
DOWN HERE.

- Hope Ryden:
IS THAT RIGHT?
- YEAH. BUT SEE, IT'S JUST--

IT'S JUST SOME PEOPLE
THAT DIDN'T LIKE US,

THEY JUST TALKED, SEE,
AND STARTED IT ALL ROLLING.

Ryden:
DO YOU KNOW
ANY OTHER COUPLES

WHO ARE IN THE SAME
SITUATION NOW?

YEAH, I KNOW SOME,
BUT I WOULDN'T LIKE
TO CALL THEIR NAMES.

- Ryden: NO.
- ( both laugh )

I JUST WONDERED
IF YOU DID.

YEAH, I KNOW A FEW.

I WONDER WHY
THEY PICKED ON YOU, THEN.

THAT I DON'T KNOW.

I NEVER FOUND OUT
IF SOMEBODY TALKED.

THE LOVINGS WERE MARRIED
IN 1958 OUTSIDE OF VIRGINIA

HERE IN THE DISTRICT
OF COLUMBIA,

BUT THEY WERE CONVICTED
UNDER VIRGINIA LAW

WHICH FORBIDS
ANY WHITE PERSON
AND COLORED PERSON

FROM LEAVING THE STATE
FOR THE PURPOSE OF MARRYING
EACH OTHER

AND WITH THE INTENTION
OF RETURNING.

THEY WERE SENTENCED
TO A YEAR IN JAIL,

BUT THE SENTENCES
WERE SUSPENDED

ON CONDITION
THEY LEAVE VIRGINIA.

THE LEGAL TERM
IS "MISCEGENATION,"

AND THOSE WHO
SUPPORT SUCH LAWS
CLAIM THEY ARE NECESSARY

IN ORDER TO PRESERVE
THE PURITY OF THE RACES.

IN ALL THE FIELD
OF RACE RELATIONS,

PROBABLY NOTHING
IS MORE SENSITIVE

THAN THE ISSUE
OF INTERMARRIAGE.

Mildred:
YOU KNOW, WE WENT
TO WASHINGTON TO BE MARRIED.

I GUESS THAT'S WHY
WE WENT THERE.

PEOPLE HAD BEEN MIXING
ALL THE TIME,

SO I DIDN'T KNOW
ANY DIFFERENT.

I DIDN'T KNOW THERE WAS
A LAW AGAINST IT.

YOU KNOW,
THE WHITE AND COLORED
WENT TO SCHOOL DIFFERENT.

THINGS LIKE THAT,
YOU KNOW.

THEY COULDN'T GO
IN THE SAME RESTAURANTS.

I KNEW THAT,

BUT I DIDN'T REALIZE
HOW BAD IT WAS

UNTIL WE GOT MARRIED.

WE WERE UNDER
$1,000 BOND.

AND HIS SISTER--
HIS SISTER

GOT A BONDING COMPANY
TO GET HIM OUT.

AND THEY TOLD
THE BONDING COMPANY

IF THEY TRIED
TO GET ME OUT,

THAT THEY WOULD
PUT HIM BACK IN JAIL.

I STAYED THERE
UNTIL THURSDAY.

THEY LET ME COME HOME,

BUT I WAS UNDER
MY FATHER'S RESPONSIBILITY.

I DIDN'T HAVE A BOND,
BUT HE HAD TO MAKE SURE
THAT I GOT BACK TO COURT.

HE WENT
TO HIS PARENTS' HOME.

I WENT TO MY PARENTS' HOME.

Richard Loving:
THEY HAD A TRIAL.

THEY SENTENCED US
TO ONE YEAR

IN THE STATE PENITENTIARY.

THEN THEY SUSPENDED US
FOR 25 YEARS

AND SAID THAT WE HAD
TO LEAVE THE STATE.

BUT THE WAY I UNDERSTOOD IT,
THE LAWYERS SAID

THAT WE COULD COME BACK
TO VISIT WHEN WE WANTED TO.

SO THAT EASTER, WE CAME BACK
AND THEY GOT US AGAIN.

Richard:
WE LEFT THERE
AND WENT TO D.C.,

STAYED THERE.

Mildred:
BUT I DIDN'T WANT
TO LEAVE AWAY

FROM AROUND
MY FAMILY AND FRIENDS.

WHEN I WAS IN WASHINGTON,

WELL, I JUST WANTED
TO GO BACK HOME.

( music playing )

Peggy:
MY DAD AND MOM LIVED

ABOUT THREE OR FOUR MILES
FROM ONE ANOTHER.

THEY JUST GREW UP
IN THE COMMUNITY.

HER BROTHERS WOULD PLAY MUSIC--
THE GUITAR, THE FIDDLE.

AND I GUESS
THAT'S HOW THEY MET.

Mildred:
WHEN WE FIRST MET,
I DIDN'T LIKE HIM.

I DON'T KNOW--
HE WAS ARROGANT.

BUT I GOT TO KNOW HIM
AND HE WAS A VERY NICE PERSON.

I GUESS WE DATED...

ON AND OFF A COUPLE OF YEARS
BEFORE WE WERE MARRIED.

NOW THAT
THEY HAVE MARRIED,

DO YOU SEE THEM
AS BEING HAPPY?

THEY SEEM TO BE
VERY HAPPY

EVERY TIME I SEE THEM
TOGETHER OR ANYWHERE.

I'VE BEEN IN THE HOME;
THEY'RE HAPPY.

AND I'VE BEEN
IN THE CAR WITH THEM;
THEY WERE HAPPY.

THEY SEEM TO BE
VERY HAPPY.

WELL, HAS THAT CHANGED
THE WAY YOU LOOK AT IT ANY?

NO, I DON'T--

I JUST LIKE THEM,
THAT'S ALL.

I LIKE HER,
I LIKE HIM,

HIS MOTHER,
HER MOTHER AND ALL.

WELL, SUPPOSE WE BACKED UP
TO WHERE THEY--

BEFORE THEY HAD GOTTEN
MARRIED AGAIN.

WOULD YOU GIVE THEM
THE SAME ADVICE?

WHAT WOULD
YOU TELL THEM?

WELL, I DON'T KNOW
WHETHER I WOULD OR NOT.

I DON'T KNOW WHETHER
I'D TELL THEM OR NOT.

DID YOU ADVISE THEM
NOT TO GET MARRIED
AT FIRST?

NO, I DIDN'T ADVISE THEM
NOT TO GET MARRIED.

I JUST TOLD HIM
HE OUGHT TO--

TO, YOU KNOW,
NOT TO GO UP THERE.

BUT HE SAID THAT
HE WENT UP THERE
AND THEY WAS MARRIED.

AND I DIDN'T
KNOW ANYTHING ABOUT
WHEN THEY GOT MARRIED.

LIVING HERE
IN THIS COMMUNITY

WHERE RICHARD
AND MILDRED BOTH GREW UP,
RIGHT AROUND THIS AREA,

HAS YOUR LIFE
BEEN ANY DIFFERENT

- SINCE THEY DID
GET MARRIED?
- NO. MM-MM.

WHAT IS IT LIKE
BEING THE MOTHER
OF A FELLOW WHO GROWS UP

AND KIND OF, AS WE ALL DO,
WANTS TO GO HIS OWN WAY?

WELL, I DON'T KNOW.

( music playing )

( tires screeching )

( tires screeching )

♪ YOU WOMEN HAVE HEARD
OF JALOPIES ♪

♪ YOU'VE HEARD
THE NOISE THEY MAKE ♪

♪ BUT LET ME INTRODUCE
MY NEW ROCKET '88 ♪

♪ YES, IT'S GREAT,
JUST WON'T WAIT ♪

♪ EVERYBODY LIKES
MY ROCKET '88 ♪

♪ BABY, WE'LL RIDE
IN STYLE ♪

♪ MOVING ALL ALONG... ♪

( engine revving )

Peggy:
THEY USED TO DRAG RACE.

AND PRETTY WELL
THAT'S WHAT THEY DID.

HE WORKED ALL WEEK,
BUT COME SATURDAY,

THEY WOULD GO
TO THE RACETRACK.

THEY DECIDED
TO GET A RACE CAR.

THE THREE GUYS,
THEY WORKED ON THE CAR

AND GOT IT TOGETHER.

AND, OF COURSE, THE WOMEN
JUST FOLLOWED ALONG.

♪ V-8 AND THIS
MODERN DESIGN ♪

♪ BLACK CONVERTIBLE TOP
AND THE GALS DON'T MIND ♪

♪ SPORTIN' WITH ME,
RIDIN' ALL AROUND
TOWN FOR JOY ♪

♪ BLOW YOUR HORN,
BABY, BLOW! ♪

Raymond Green:
WE BUILT THAT CAR

AND RAN IT
ON SEVERAL DRAG STRIPS.

WITH THE CAR
WE HAD 99 TROPHIES--

33 APIECE.

WE'D WIN THE MONEY
PRACTICALLY EVERY SUNDAY.

IF WE DIDN'T WIN THE MONEY,
WE TORE THE CAR UP

AND HAD TO WORK ON THE CAR
THE NEXT WEEK,

GET IT READY
FOR ANOTHER RACE.

IT WAS A GREAT
RUNNING CAR.

( music continues )

Robert Pratt:
MANY LIGHT-SKINNED BLACKS
DECIDED TO HANG WITH RICHARD

BECAUSE HIS WHITENESS
VALIDATED THEIRS.

HIS WHITENESS ASIDE,
THOSE WHO KNEW HIM

DESCRIBED HIM
AS A VERY WARM MAN,

VERY AFFABLE,
VERY FRIENDLY,

EQUALLY COMFORTABLE
IN ANY SETTING.

WHETHER HE WAS
WITH A GROUP OF WHITE MEN

OR WHETHER HE WAS WITH
A GROUP OF BLACK MEN,

HE COULD BLEND AND MIX
WITH ANY PEOPLE.

Lewis Jeter:
IN CENTRAL POINT, WE USED TO
GATHER AT ONE PLACE.

IT WAS JUST A CURVE,
AND PEOPLE USED TO PARK THERE

AND HAVE BEERS
AND EVERYTHING.

RICHARD WAS ALWAYS THERE.

HE WAS PART
OF THE NEIGHBORHOOD.

Man:
WE JUST GREW UP
ALL AS A FAMILY TOGETHER.

WE NEVER KNEW NOTHING
ABOUT ALL OF THIS RACIAL STUFF

THAT THEY TALK ABOUT.

AND IF THE--

IF THE GOVERNMENT
HAD LEFT THEM PEOPLE ALONE,

IT WOULD HAVE NEVER BEEN
NO PROBLEM THERE.

THERE WAS NO DIFFERENCE
IN THEM, YOU KNOW.

THEY WERE ALL WORKING,
TRYING TO MAKE A LIVING.

AND JUST BECAUSE THEY DIDN'T
GO TO THE SAME CHURCH

DIDN'T MEAN THAT
THEY WEREN'T GOOD PEOPLE.

Ruthie Holliday:
THE FAMILIES THEN
WERE SO CLOSE.

IF YOU HAD A CROP,
YOU HAD TO GET IT IN,

WELL, YOU CALLED
THE NEIGHBORS
TO COME OVER.

EVERYBODY WORKED
WITH EVERYBODY.

BUT THAT IS JUST THE WAY
LIFE WAS IN CAROLINE COUNTY.

I REMEMBER HEARING
THE CHILDREN

KIND OF SNICKERING
BACK AND FORTH

ABOUT THAT FAMILY
MISSING--

MIXING WITH
THE BLACK A LOT.

I USED TO THINK IT WAS SAD
BECAUSE MY MOM HAD ALWAYS

TAUGHT US FROM BABIES,
LITTLE CHILDREN,

IF YOU DIDN'T HAVE
ANYTHING GOOD TO SAY

ABOUT SOMEONE, NOT TO SAY
ANYTHING AT ALL.

THAT USED TO
REALLY BOTHER ME,

SO I WOULD COME HOME
AND I'D ASK MY MOM QUESTIONS.

THEY FOUND OUT THAT
MY MOTHER WAS A LOVING

AND THEY USED TO
WORRY ME ABOUT IT.

I WOULD ASK MOM ABOUT THAT
AND SHE WOULD SAY,

"WELL, WE WERE ALWAYS TOLD
WE WEREN'T ANY KIN TO THEM."

RICHARD LIVED
DOWN IN THE COMMUNITY

WHERE MOST
OF THE INDIANS LIVED.

I DON'T KNOW IF MILDRED HAD
ANY INDIAN IN HER OR NOT.

POSSIBLY COULD HAVE.

IF THEY GOT ROMANTICALLY
INVOLVED OR WHATEVER,

THEY KEPT IT TO THEMSELVES

BECAUSE EVERYBODY KNEW
THAT THAT WAS A NO-NO.

THAT WAS AGAINST THE LAW.

SO I'M NOT SAYING
IT DIDN'T HAPPEN.

I'M SAYING THEY KEPT IT
UNDER COVER.

Jeter:
IT WAS JUST ABOUT
EVERY WEEKEND

SOMEONE WOULD GATHER
AND SOMEONE WOULD BRING OUT
A MUSICAL INSTRUMENT.

THE NEXT THING YOU KNOW,
YOU HAD TWO OR THREE MORE--

AND PEOPLE JUST DANCING
AND HAVING A GOOD TIME.

THE SHERIFF, HE STOPPED BY
ONE SATURDAY EVENING

AND HE WAS LOOKING
AT DRIVER'S LICENSES.

SO SOME PEOPLE
WENT FOR WHITE

AND SOME INDIAN,

BUT SOME INDIANS
WENT FOR WHITE, TOO,

ON THEIR DRIVER'S LICENSE.

SO HE TORE
EVERYBODY'S LICENSE UP.

AND THEN
HE PARKED TO SEE

WHO WAS GOING TO DRIVE
THEIR CARS WITHOUT LICENSES.

AND HE HAD THE POWER TO DO IT.
HE WAS THE SHERIFF, YOU SEE.

GARNETT WAS
A VERY STERN, STERN MAN

AND HE DID THINGS HIS WAY.

HE DIDN'T GET ALONG WELL
WITH THE BLACK PEOPLE.

HE, IN MY OPINION,

WAS A LITTLE BIT
PREJUDICE,

AND THE BLACKS KNEW
HE WAS THAT WAY.

I DON'T THINK
AN ORDER CAME DOWN.

WHEN HE FOUND OUT
WHERE THEY LIVING,

HE WENT DOWN THERE
AT 4:00 IN THE MORNING
AND KNOCKED THE DOOR DOWN

AND WENT IN AND GOT THEM
AND PUT THEM IN JAIL.

THEY STAYED IN JAIL
UNTIL THE TRIAL.

AND JUDGE BAZILE--

THAT'S WHEN HE EVICTED THEM
OUT OF THE COUNTY.

YOU KNOW, I LIVED BESIDE
SHERIFF BROOKS ALL MY LIFE.

AND LET'S JUST SAY THAT
HE HAD WAYS OF DOING THINGS

THAT I DIDN'T APPROVE OF.

MR. LOVING,
THE COURT OF VIRGINIA

FOUND YOU GUILTY
OF VIOLATING THEIR LAWS.

AND WHAT DID
THEY TELL YOU
YOU HAD TO DO?

WERE YOU SUPPOSED
TO DIVORCE OR WHAT?

THEY SAID I HAD
TO LEAVE THE STATE.

AND WHAT HAPPENED
AFTER THAT?

WELL, I LEFT.

AND TOOK YOUR WIFE
WITH YOU.

THAT'S RIGHT.

THAT'S THE WAY I'D FEEL
ABOUT IT AGAIN.

IF IT'S NECESSARY,
I'LL LEAVE AGAIN AND TAKE HER.

I'M NOT GOING
TO DIVORCE HER.

( horns honking )

( siren wailing )

( whimpering )

( chatter )

Pratt:
D.C. WAS VERY MISERABLE.

SHE FELT TOTALLY DIVORCED
FROM THE WORLD.

ASIDE FROM THE FACT
THAT SHE HAD BEEN
BANISHED THERE

AND WAS LIVING THERE
BECAUSE SOME JUDGE HAD SAID

THAT YOU CAN'T LIVE
WITH YOUR HUSBAND IN VIRGINIA,

SHE NEVER REALLY ADAPTED
TO CITY LIFE.

GROWING UP IN THE COUNTRY
IN A RURAL AREA

WHERE SHE HAD ROOM
AND HER CHILDREN HAD
ROOM TO PLAY,

BEING IN THE CITY JUST WAS NOT
WHAT SHE WAS ACCUSTOMED TO.

Peggy:
WE CAME HOME ONE CHRISTMAS
AND I WAS BORN.

WE WERE HERE IN VIRGINIA.

THEY COULD COME BACK
SEPARATE;

THEY COULDN'T
COME BACK TOGETHER.

BUT KNOWING THEM,
THEY PROBABLY CAME BACK
TOGETHER.

MY DADDY WAS VERY FIRM.

HE DIDN'T SAY MUCH,

BUT WHEN HE PUT HIS MIND
TO SOMETHING,

HE WAS GOING TO DO IT.

AND WHEN THEY WANTED
TO COME BACK

TO VIRGINIA
FOR ANY REASON,

THEY WERE GOING
TO COME BACK TOGETHER.

THEY'D JUST TAKE THAT CHANCE.

ONCE THEY GOT BACK,
THEY MIGHT HAVE BEEN SHAKY

ABOUT BEING REARRESTED.

FRIENDS WOULD LET THEM KNOW
IF THEY HEAR ANYTHING.

LITTLE CONVERSATIONS,
AND THEY WERE KIND OF
LIKE A WHISPER.

"NO, WE DON'T
SUPPOSED TO BE HERE.

WE'RE HIDING."

Pratt:
MY GREAT UNCLE'S HOUSE--
WE CALLED IT THE BIG HOUSE,

BUT IT WAS ACTUALLY
A BOARDINGHOUSE.

THAT CERTAINLY MADE IT EASIER
TO SLIP IN AND OUT UNNOTICED.

I WOULD ALWAYS KNOW
WHEN MILDRED WAS IN TOWN

BECAUSE THE CHILDREN,
USUALLY THE OLDEST BOY SIDNEY,

WOULD COME OVER
AND WE WOULD PLAY.

AND I OFTEN PLAYED
WITH SIDNEY,

JUST THE TWO OF US,

AND SOMETIMES
THE OTHER YOUNGER SIBLINGS

WOULD PLAY WITH US
AS WELL.

THEN I KNEW THAT MILDRED
WAS THERE IN THE HOUSE

VISITING
HER SISTER GARNET.

THEN LATER ON
IN THE EVENINGS

WE WOULD SEE
RICHARD COMING IN,

USUALLY FROM
THE OTHER DIRECTION.

YOU NEVER SAW HIM OUTSIDE.

HE WAS ALWAYS
INSIDE THE HOUSE.

( distant traffic blaring,
children playing )

Mildred:
THE CHILDREN DIDN'T HAVE
ANYWHERE TO PLAY.

THEY WERE, LIKE, BEING CAGED

AND I COULDN'T STAND IT.

I COULDN'T TAKE IT.

MY OLDER SON
CAME BACK AND TOLD ME

THAT DONALD HAD BEEN
HIT BY A CAR.

I DIDN'T KNOW WHAT TO DO.

I KNEW I HAD
TO GO TO HIM,

BUT I DIDN'T KNOW
IF HE WERE DEAD OR--

HE WAS SITTING UP
IN THE STREET CRYING,

AND I THINK THAT WAS THE STRAW
THAT BROKE THE CAMEL'S BACK.

I HAD TO GET OUT OF THERE.

I WAS SO UNHAPPY.

I WAS COMPLAINING
TO MY COUSIN CONSTANTLY.

( chuckles )
SO ONE SATURDAY I GUESS
SHE GOT TIRED OF IT.

SHE TOLD ME, SAID,
"WRITE TO BOBBY KENNEDY.

HE'LL HELP YOU.
THAT'S WHAT HE'S UP THERE FOR."

♪ HERE IN MY HEART... ♪

Male newscaster:
JUST 100 YEARS AFTER
LINCOLN SIGNED

THE EMANCIPATION PROCLAMATION
THAT FREED THE SLAVES,

200,000 PEOPLE CONVERGE
ON THE NATION'S CAPITOL

TO RALLY FOR CIVIL RIGHTS.

THEY COME BY TRAIN,
THEY COME BY BUS AND BY AIR.

THEY COME FROM THE NORTH,
THE SOUTH, THE EAST AND WEST.

THEY COME UNITED
IN ONE CAUSE:

TO URGE CONGRESS TO PASS
A CIVIL RIGHTS BILL

TO END FOREVER THE BLIGHT
OF RACIAL INEQUITY.

THIS GREAT THRONG WITH A CAUSE
GATHERS ON THE...

( music playing )

Mildred:
I WASN'T INVOLVED WITH
THE CIVIL RIGHTS MOVEMENT.

THE ONLY THING I KNOW
IS WHAT EVERYBODY SAW
ON THE NEWS.

I KNEW DR. KING
WAS OUT THERE,

BUT I NEVER MET HIM.

I WOULD HAVE LOVED TO,
BUT I DIDN'T.

I WASN'T IN ANYTHING
CONCERNING CIVIL RIGHTS.

I WAS--

WELL, WE WERE TRYING
TO GET BACK TO VIRGINIA.

THAT WAS OUR GOAL:

TO GET BACK HOME.

LOOK.

LOOK AT HIM.

LOOK AT THAT.

NOW, MOMMY,
MY BOOTS.

THEY TOLD ME
TO WEAR BOOTS TODAY.

WHO TOLD YOU?

ONE OF THEM WAS 12,
ONE OF THEM WAS SIX.

Ryden:
HOW DID YOU FIND OUT
WHAT TO DO?

SHE WROTE TO--
WHO DID YOU WRITE TO?

Mildred:
ROBERT KENNEDY.

Ryden:
TO ROBERT KENNEDY?

- AND DID HE ANSWER?
- YES.

AND HE TOLD ME TO--

HE SAID THERE WAS
NOTHING HE COULD DO,

BUT FOR TO WRITE TO
THE AMERICAN CIVIL
LIBERTIES UNION.

AND I WROTE TO THEM
AND I TOLD THEM WHAT HAPPENED

AND THAT MR. KENNEDY
ASKED ME TO WRITE TO THEM.

I GUESS IT WAS ABOUT A WEEK,
AND MR. COHEN CALLED ME

AND HE TOLD ME
THAT HE WAS GOING
TO TAKE THE CASE.

WELL, WHEN MR.
AND MRS. LOVING

WERE HAVING
THEIR PROBLEMS,

THEY WROTE TO
THE ATTORNEY GENERAL
OF THE UNITED STATES,

WHO WAS THEN
ROBERT KENNEDY,

AND ASKED IF
THE CIVIL RIGHTS BILLS

THAT WERE BEING DISCUSSED
IN CONGRESS AT THAT TIME--

LET'S SEE, I GUESS
IT WAS 1963--

WOULD GIVE THEM ANY RELIEF
FROM THEIR PROBLEM.

AND HE WROTE BACK
AND TOLD THEM THAT
IT WOULD NOT,

BUT SUGGESTED THAT
THEY GET IN TOUCH

WITH THE AMERICAN
CIVIL LIBERTIES UNION.

HERE'S THE DATE,
SO WE CAN BE SURE.

THAT WAS JUNE 20th, 1963,
AND THEY WERE LIVING

IN WASHINGTON, D.C.,
AT THE TIME.

"DEAR SIR, I AM WRITING TO YOU
CONCERNING A PROBLEM WE HAVE.

FIVE YEARS AGO,
MY HUSBAND AND I

WERE MARRIED HERE
IN THE DISTRICT.

WE THEN RETURNED
TO VIRGINIA TO LIVE.

MY HUSBAND IS WHITE.

I AM PART NEGRO
AND PART INDIAN.

AT THE TIME, WE DID NOT KNOW
THERE WAS A LAW IN VIRGINIA

AGAINST MIXED MARRIAGES.

THEREFORE,
WE WERE JAILED

AND TRIED IN THE LITTLE TOWN
OF BOWLING GREEN.

WE WERE TO LEAVE THE STATE
TO MAKE OUR HOME.

WE HAVE THREE CHILDREN
AND CANNOT AFFORD AN ATTORNEY.

WE WROTE TO
THE ATTORNEY GENERAL.

HE SUGGESTED
THAT WE GET IN TOUCH
WITH YOU FOR ADVICE.

PLEASE HELP US IF YOU CAN.

HOPE TO HEAR FROM YOU
REAL SOON.

YOURS TRULY,
MR. AND MRS. RICHARD LOVING."

AND IT WAS
THAT SIMPLE LETTER

THAT GOT US INTO
THIS NOT-SO-SIMPLE CASE.

I FEEL THAT GOD
HAD A PURPOSE

IN CREATING
THE RACES SEPARATELY.

I AM SO PROUD OF NEGROES
WHO ARE PROUD OF BEING NEGROES.

THEY ARE WHAT GOD MADE THEM.

AND I'M PROUD
OF BEING WHITE

BECAUSE I AM WHAT
MY WHITE RACE HAS MADE ME.

I'M WHITE TODAY
BECAUSE MY PARENTS
PRACTICED SEGREGATION.

AND I WOULDN'T BE
ANYTHING BUT WHITE,

AND I LOVE NEGROES
WHO WOULDN'T BE ANYTHING
BUT NEGRO.

( music playing )

( no audible dialogue )

Pratt:
BEGINNING IN THE LATE 1800s,

AFTER EMANCIPATION

DURING
THE RECONSTRUCTION ERA,

ONE SOUTHERN STATE
AFTER ANOTHER

GO TO GREAT LENGTHS
TO SPECIFY

WHO IS WHITE
AND WHO IS NOT.

THIS BEGINS THE PROCESS
OF RACIAL CLASSIFICATION.

ON INTO THE 20th CENTURY,

SOUTHERN STATES
BEGAN TO TIGHTEN THAT RULE

SO THAT THEY MADE
MEMBERSHIP IN THE WHITE RACE
MORE EXCLUSIVE,

AND THIS BRINGS US
TO THE RACIAL INTEGRITY ACT

PASSED IN THE STATE
OF VIRGINIA IN 1924.

THE RULE WAS THAT IF THERE
WAS A DISCERNIBLE TRACE

OF NONWHITE BLOOD,

THEN THE PERSON
WAS LEGALLY CLASSIFIED
AS NONWHITE,

THAT IN ORDER TO BE WHITE,
ONE HAD TO BE 99.9% PURE.

WHAT VIRGINIA REFERRED TO
AS A RACIAL INTEGRITY ACT

WAS MORE ACCURATELY
THE WHITE SUPREMACY ACT.

Edward Ayers:
BEING WHITE MEANT
A LOT MORE THAN SKIN COLOR.

BEING WHITE MEANT BEING
THE INHERITOR

OF THE GREEKS
AND THE ROMANS

AND OF THOMAS JEFFERSON
AND JAMES MADISON

AND GEORGE WASHINGTON.

BEING WHITE MEANT BEING
THE PEOPLE WHO, BY GOD'S WILL,

SEEMED TO BE IN CHARGE
NOT ONLY OF VIRGINIA,

NOT ONLY OF AMERICA,
BUT OF THE WORLD.

IT'S HARDLY SURPRISING
THAT PEOPLE WOULD WANT
TO PROTECT THAT

AND THAT PEOPLE WOULD
TURN IT INTO A FETISH

AND THAT PEOPLE WOULD ASSUME
THAT THAT MUST BE GUARDED

WITH LAW AND VIOLENCE
IF NECESSARY.

ALL A MAN
WOULD HAVE TO DO

WOULD GO TO PUERTO RICO
OR CUBA AND SEE.

GO TO SOUTH AMERICA.

YOU'LL SEE WHAT MIXING
OF THE RACES WILL DO.

ALL YOU HAVE TO DO
IS GO DOWN THERE

WHERE THERE
IS NO COLOR LINE,

WHERE EVERYBODY ARE MONGRELS
AND HALF-BREEDS.

AS LONG AS GOD
LETS ME LIVE,

MY TWO CHILDREN
WILL NEVER SIT BESIDE A--

EXCUSE ME, A NIGGER
IN A PUBLIC SCHOOL.

IT'LL NEVER HAPPEN.

OUR PEOPLE FEEL
AND ARE CONVINCED

FROM EVIDENCE EXISTING
IN ABUNDANCE,

PRINCIPALLY FROM
THE DISTRICT OF COLUMBIA,

THAT THE MIXING OF THE RACES
WILL DESTROY PUBLIC EDUCATION.

EXCUSE ME, I'D LIKE
VERY MUCH TO TALK TO YOU

ABOUT SOME OF YOUR REACTIONS
TO THIS EDUCATIONAL PROBLEM

HERE IN THIS COUNTY.

SHUT THE DOOR
AND MAYBE WE WILL.

I DON'T WANT
TO TALK TO THEM.

COULD YOU SHUT
THE DOOR, PLEASE?

I NOTICED YOU WERE SITTING
IN THE MEETING THIS MORNING.

I WONDER WHAT
YOUR REACTIONS WERE
AND WHY YOU CAME.

- I WAS INVITED TO COME.
- BY WHOM?

A LADY FRIEND OF MINE
WHO IS IN THE BUILDING HERE,

BY ONE OF THE SUPERVISORS,
THAT'S ALL.

AND WHAT DO YOU FEEL
ABOUT THIS WHOLE SITUATION?

- YOU GIVE IT. YOU DO IT.
- I'LL TAKE YOUR WORD.

YEAH, I THINK THAT
WE ARE VERY SATISFIED

WITH THE CONDITIONS
AS THEY ALL ARE NOW

AND WE DON'T WANT
A LOT OF CHANGE.

WE LIKE TO KEEP IT
AS IT IS.

LET EACH PERSON STAY

ON THEIR OWN SIDE
OF THE FENCE.

YOU WOULDN'T BE
FOR DESEGREGATION
AT ALL, THEN, WOULD YOU?

NO. I THINK SEGREGATION
IS THE PROPER THING.

WHAT ABOUT THIS BUSINESS
THAT A LOT OF PEOPLE SAY

ABOUT BEING
CREATED EQUAL?

WHAT'S YOUR FEELINGS
ABOUT THAT?

I DON'T THINK
THEY ARE.

SOME OF MY BEST FRIENDS
ARE NEGROES.

IF I GOT INTO TROUBLE,
I THINK THE NEGROES

WOULD COME TO ME AS QUICKLY
AS ANYBODY ELSE IN THE WORLD.

I'LL GIVE YOU
A LITTLE INSTANCE.

I WAS STANDING
DOWN ON THE STREET

WITH A GENTLEMAN
FROM ANOTHER CITY
LAST SATURDAY,

AND I RECKON
15 OR 20 NEGROES PASSED
AND I SPOKE TO THEM.

"GOOD MORNING, JOHN.
HOW ARE YOU GETTING ALONG?"

"VERY WELL,
THANK YOU, MR. WALL.
GETTING ALONG FINE."

AND THAT WENT ON
FOR 15 OR 20 NEGROES

IN LESS THAN 15 MINUTES.

WE-- WE LOVE OUR PEOPLE.

THE LAWS ARE SIMPLY
RELICS OF SLAVERY,

AND THEY'RE
MAINTAINED TO KEEP

THE COLORED PERSON DOWN
AND THE WHITE PERSON UP,

AND THAT'S THE SIMPLE
TRUTH OF THE CASE.

I THINK THAT IF YOU TALK
TO THE AVERAGE MAN
ON THE STREET,

HE WOULD TELL YOU
THAT MARRIAGE

IS A FUNDAMENTAL
RIGHT OF MAN.

THIS IS MY PERSONAL OPINION.

I THINK THAT THE PROBLEM
GOES BACK INTO YOUR
BASIC BELIEFS.

AND I THINK THAT
THE BASIC THING

THAT THE PEOPLE OF THE SOUTH
ARE THINKING ABOUT

IS INTERMIXTURE
OF THE RACES.

I DON'T SEE HOW YOU CAN KEEP
INTERMIXTURE OF THE RACES

IF YOU HAVE INTEGRATION.

I'M NOT SAYING THAT
IT WOULD HAPPEN IMMEDIATELY,

BUT I SAY THAT SOME
OF THE LOWER-CLASS
WHITE PEOPLE

WOULD PROBABLY MARRY

WITH SOME OF YOUR
BETTER NEGROES PERHAPS

OR SOME OF YOUR
LOWER NEGROES.

THAT WOULD,
IN TIME, COME FORTH--

ONE OF THOSE WHO WOULD
MARRY WITH SOME OF YOUR
BETTER-CLASS WHITE PEOPLE,

YOUR FARMERS AROUND HERE,
YOUR PEOPLE WHO OWN
THEIR OWN FARMS.

AND THE FIRST THING YOU KNOW,
WE WOULD BE A MONGREL RACE.

( music playing )

Ayers:
SEGREGATION FROM
THE VERY BEGINNING

WAS FUNDAMENTALLY
ABOUT SEX.

IT WAS DESIGNED
TO PREVENT MEN AND WOMEN

OF DIFFERENT RACES,
BLACK AND WHITE,

FROM OCCUPYING
THE SAME SPACES

IN WHICH THEY MIGHT
BE TEMPTED.

AND SO, THE MORE INTIMATE
A SPACE WAS--

A RAILROAD CAR,
A PARLOR,

A RESTAURANT,
A SCHOOLROOM,

THE MORE LIKELY IT WAS
TO BE SEGREGATED.

IRONICALLY,
THE LOVING CASE,

BEING ABOUT LOVE
AND BEING ABOUT SEX,

IS ACTUALLY WHAT SEGREGATION
WAS ABOUT ALL ALONG.

CHALLENGING
THE ANTIMISCEGENATION LAWS

WAS THE MOST SERIOUS THREAT
TO THE WHITE RACISTS

AND EVEN THOSE WHITES
WHO WERE NOT RACIST

BUT WERE
VERY PRO-ESTABLISHMENT.

I LOOKED AT IT
AS AN UNBELIEVABLE CHALLENGE

FOR A LAWYER ONE OR TWO YEARS
OUT OF LAW SCHOOL

TO BE GETTING INVOLVED IN

WHAT WAS SURE TO BE
A MAJOR CIVIL RIGHTS CASE.

WE WERE VERY CAUTIOUS
AT THAT TIME

AND VERY AFRAID TO HAVE THEM
COME INTO VIRGINIA,

SO I MET WITH THEM
AT MY OFFICE

IN THE DISTRICT
OF COLUMBIA.

OUR BIG PROBLEM
AT THAT TIME,

REALLY BIG LEGAL PROBLEM,
WAS HOW TO TAKE A CASE

THAT WAS MORE THAN
FIVE YEARS OLD

WHICH HAD A JUDGMENT
MORE THAN FIVE YEARS OLD--

A JUDGMENT OF CONVICTION--

AND GET IT BACK INTO
THE STREAM OF THE COURTS.

THAT IS,
APPEAL THE JUDGMENT
OF CONVICTION

WHEN IT WAS MORE THAN
FIVE DAYS OLD UNDER VIRGINIA--

I BEG YOUR PARDON,
FIVE YEARS OLD UNDER
VIRGINIA LAW.

ANY JUDGMENT
MORE THAN 60 DAYS OLD
CAN'T BE APPEALED.

WE HAD THIS VERY BIG
TECHNICAL PROBLEM TO OVERCOME,

AND IT WAS MONTHS AND MONTHS
OF RESEARCH INVOLVED

UNTIL WE FOUND A SIMPLE,
TECHNICAL WAY OF DOING IT.

IT SEEMED SIMPLE
ONCE WE FOUND IT,

BUT IT WAS ACTUALLY
THE DIFFICULT PART

OF THE CASE
IN THE BEGINNING.

SINCE THEIR SENTENCE
WAS A SUSPENDED SENTENCE,

WE FOUND LAW THAT SAID
THAT THE JUDGE

OF THE ORIGINAL TRIAL COURT,
JUDGE LEON BAZILE,

WHO HAD SENTENCED THEM
IN THE FIRST PLACE,

STILL HAS JURISDICTION--
STILL HAD JURISDICTION
OVER THE CASE.

THAT IS,
ANY SUSPENDED SENTENCE

IS ALWAYS WITHIN THE BREAST
OF THE COURT THAT SUSPENDED IT.

SO WE FILED A MOTION.

THAT IS,
I FILED A MOTION

TO VACATE THE JUDGMENT
OF CONVICTION

AND TO SET ASIDE
THE SENTENCE.

THE EXTREME DANGER WAS THAT
IF THE CASE WAS REOPENED,

THEY COULD HAVE BEEN
PUT IN JAIL FOR FIVE YEARS.

IF YOU VACATE
THE SENTENCE--

AND THEN THERE'S
A GOOD POSSIBILITY

YOU CAN NEVER REACH
THE CONSTITUTIONAL ISSUES

BECAUSE THEY PLED GUILTY
AND THEY WAIVED THOSE ISSUES.

JUDGE BAZILE
FINALLY ISSUED AN ORDER

DENYING MY MOTION
TO VACATE THE JUDGMENT

AND SET ASIDE
THE SENTENCE.

JUDGE BAZILE,
IN HIS OPINION,

HAD THE FOLLOWING
THING TO SAY:

"ALMIGHTY GOD
CREATED THE RACES--

WHITE, BLACK, YELLOW,
MALAY, AND RED,

AND HE PLACED THEM
ON SEPARATE CONTINENTS.

AND BUT FOR THE INTERFERENCE
WITH HIS ARRANGEMENTS,

THERE WOULD BE NO CAUSE
FOR SUCH MARRIAGES.

THE FACT THAT
HE SEPARATED THE RACES

SHOWS THAT HE DID NOT INTEND
THE RACES TO MIX."

THE LAWS ARE LUDICROUS.
THEY'RE JUST--

NOW THIS IS A 20th-CENTURY
OPINION WRITTEN IN 1963.

THIS IS NOT 1863, 1763,
OR EVEN EARLY 1900s.

THIS IS 1963.

WHEN JUDGE BAZILE
RENDERED HIS OPINION,

HE COULDN'T HAVE DONE US
A BIGGER FAVOR

THAN THAT HORRIBLE LANGUAGE
ABOUT THE RACES

ON THE SEPARATE CONTINENTS.

THE FEDERAL COURT WILL GIVE
THE STATE COURTS

THE FIRST CHANCE
TO INTERPRET THEIR OWN LAWS,

AND THAT'S HOW THE TWO COURTS
CAN GET ALONG WITH EACH OTHER

AND EXIST IN THIS JOINT
FEDERAL STATE SOCIETY.

- Man: YOU WANT
TO SET UP THE SOUND?
- Man #2: YEAH.

- THE CAMERA'S BACK THERE.
- OUR CAMERA IS DOWN HERE.

AND IF YOU'LL JUST--
IT ISN'T SET UP YET.

- Man: WHO'S THAT?
- Man #2: GRAND DRAGON
OF THE KU KLUX KLAN.

( laughter )

MRS. LOVING,
HOW DO YOU FEEL

ABOUT WHAT HAPPENED
HERE AT COURT TODAY?

WELL, I FEEL HOPEFUL.
I'M HOPEFUL.

I HOPE THE JUDGES
WILL DECIDE FOR US.

WHERE ARE YOU
GOING NOW?

I GUESS WE'LL GO
BACK TO WASHINGTON.

YOU THINK YOU MAY
GO BACK TO WASHINGTON?

MR. LOVING, DO YOU
HAVE ANYTHING TO SAY

ABOUT WHAT WENT ON
IN THE COURT TODAY?

NO, I HAVE
NOTHING TO SAY.

- Reporter: THANK YOU.
- THANK YOU.

THANK YOU VERY MUCH.

I WANT TO--
CUT, TOMMY.

I WANT TO ASK YOU...

WHAT HAPPENED IN COURT

AND WHERE YOU THINK
IT'LL GO FROM HERE.

- Cohen: WHY DON'T I ASK HER
TO ASK YOU THAT?
- ALL RIGHT.

Cohen:
THEY'RE VERY UPSET.

MR. COHEN,
COULD YOU EXPLAIN TO ME
WHAT JUST WENT ON--

WHAT WENT ON IN THE COURT--
LET'S TRY THAT AGAIN.

MR. COHEN, COULD YOU
EXPLAIN TO ME

JUST WHAT WENT ON
IN THE COURTROOM TODAY?

YES. WE HAD A HEARING
IN THE LOVING CASE

AND THE JUDGE HAS LISTENED
TO OUR ARGUMENT.

THEY LISTENED
TO THE STATE'S ARGUMENT.

THEY'RE GOING TO CONSIDER
SEVERAL ISSUES--

FIRST OF ALL,
WHETHER THEY SHOULD
EVEN HEAR THE CASE

AND WHETHER WE ARE
PROPERLY IN THIS COURT,

OR THEY'RE GOING TO DECIDE
THAT WE SHOULD PROCEED
IN THE STATE COURTS

UP THROUGH APPEAL
OF THE VIRGINIA
SUPREME COURT

AND THEN POSSIBLY
ON TO THE SUPREME COURT
OF THE UNITED STATES.

THEY HEARD US.
THEY LISTENED TO US.

THEY LISTENED
TO BOTH SIDES

AND THEY'RE GOING
TO LET US KNOW

JUST AS SOON
AS THEY REACH
A DECISION.

IF THIS COURT SHOULD
DECIDE TO ABSTAIN

AND SEND IT BACK
TO THE STATE,

WILL IT REMAIN PREJUDICIAL
TO YOUR CASE IN ANY WAY?

WELL, WE HAVE A DECISION
TO MAKE THERE.

WE MIGHT...

JUST FOLLOW US.

- YOU HAVE YOUR OWN--
YOUR FRIEND'S CAR?
- UH-HUH.

NOW WHERE ARE YOU?

I KNOW WHERE ALL THE...

- NO, THAT'S NOT THAT FAR.
- YES, IT IS.

Mildred:
DID Y'ALL COME
THROUGH BOWLING GREEN?

Cohen:
NO, UH-UH.

NO, NO, IT'S ONLY ABOUT
10 MINUTES FROM HERE.

15 MINUTES IN THE CAR
THAT YOU FOLLOW US.

- LET'S GO.
- Reporter: NICE TO HAVE
MET YOU, MRS. COHEN.

- NICE TO HAVE MET YOU.
- GOOD LUCK TO YOU FOLKS.

- THANK YOU.
- THANKS, BERNIE.
THANKS, PHIL.

IT WOULD BE BETTER
IF WE DIDN'T STAY TOGETHER.

- I MEAN, IF HE STAYED
AT HIS MOTHER'S HOME--
- Cohen: CAN YOU DO THAT?

- CAN YOU STAY DOWN HERE
AND STAY SEPARATELY?
- Richard: YEAH.

Cohen: SEE, IF THEY'RE
OUT TO BOTHER YOU,

THEY'RE NOT GOING
TO MAKE THAT DISTINCTION

THAT YOU'RE
STAYING SEPARATELY.

I'LL SAY THIS--
IT'S GOT TO COST YOU

A LOT OF MONEY
TO MOVE UP THERE
AND A LOT OF TROUBLE.

AND IF YOU DON'T
MIND THE POSSIBILITY
OR THE INCONVENIENCE

OF BEING IN JAIL
FOR A FEW HOURS--

THAT'S WHAT IT MIGHT BE.

IT MIGHT BE A HALF-HOUR
OR IT MIGHT BE FIVE
OR SIX HOURS,

BUT I GIVE YOU MY WORD
THAT IT COULDN'T BE ANY
LONGER THAN THAT.

RIGHT, PHIL?
I JUST DON'T SEE
HOW IT COULD BE.

YEAH. YOU HAVE CARDS
WITH BOTH OUR NUMBERS ON IT.

SO CALL AT HOME ANY TIME.

DON'T WORRY
ABOUT TIME OR PLACE.

Cohen:
HOW ABOUT IF THEY CAME
AND ARRESTED YOU?

WOULD SOMEBODY ELSE
KNOW ABOUT IT

SO THEY COULD CALL US
BEFORE YOU COULD?

- YEAH.
- Cohen: LEAVE OUR NUMBERS
WITH YOUR FRIENDS.

- YEAH, WE JUST
GAVE IT TO THEM.
- Cohen: GIVE IT TO THEM.

THESE PEOPLE
THAT WE STAYED
CLOSE TO--

WHEN THEY COME AFTER US,
THEY'LL KNOW IT, SEE?

THEY'LL NOTIFY THEM
OR THEY'LL CALL Y'ALL.

Cohen: LOOK, IF YOU WANT
TO STAY DOWN HERE,
STICK AROUND.

AND IF ANYBODY
ARRESTS YOU,

JUST HAVE THEM
GET IN TOUCH WITH US
AND WE'LL HOP RIGHT TO IT.

WE WON'T LET YOU STAY
IN JAIL ONE MINUTE LONGER

THAN IT TAKES US
TO GET DOWN HERE
AND GET YOU OUT.

- OKAY?
- OKAY.

- Cohen: ALL RIGHT.
- Hirschkop: YOU TWO
WILL BE OKAY.

- Cohen: GOOD LUCK TO YOU.
- YEAH.

Hirschkop:
YOU DID A GOOD JOB
TODAY, DICK.

- THANK YOU.
- ( laughter )

I SURE APPRECIATE
WHAT Y'ALL ARE DOING.

Cohen:
WELL, THAT'S ALL RIGHT.

Hirschkop:
WE HAD TO COME DOWN

AND PICK UP SOME BOOKS
FROM GOOCHLAND ANYHOW.

- YEAH?
- ( laughter )

- OKAY, BYE.
- Cohen: WE'LL SEE YOU.
SO LONG.

Hirschkop:
WE APPLIED FOR
A TEMPORARY RESTRAINING ORDER

BECAUSE THEY WANTED
TO STAY IN VIRGINIA

AND THEY WOULDN'T GET
PROSECUTED AGAIN OR VIOLATED.

REMEMBER, THERE STILL WAS
AN OUTSTANDING SENTENCE ON THEM

AND WE DIDN'T KNOW
IT WOULD BE REVERSED
OR NOT REVERSED,

AND YOU COULDN'T CHANCE
GETTING THEM IN WORSE TROUBLE.

WE WANTED
THE FEDERAL COURT
TO STEP IN

AND AT LEAST SUSPEND
THAT SENTENCE,

BUT WE COULDN'T SHOW
THERE WAS IRREPARABLE INJURY

BECAUSE WE COULDN'T ADMIT
THEY WERE LIVING IN VIRGINIA.

WE'D BE ADMITTING
ON THE RECORD

THEY WERE VIOLATING
THE COURT ORDER,

AND THEY WERE SUPPOSED
TO BE LIVING IN D.C.

YOU COULDN'T DEAL WITH THEM
VERY WELL BY PHONE OR LETTER,

PARTICULARLY SINCE RICHARD
WAS NOT VERY COMMUNICATIVE.

I MET THEM IN ALEXANDRIA.

I KNOW IT WAS A VIOLATION
OF THE RULE,

BUT I REMEMBER
THEY CAME TO ALEXANDRIA

AND I WENT OVER
THE LAWSUIT WITH THEM.

RICHARD SAID
VIRTUALLY NOTHING.

SHE WAS-- SHE SPOKE
VERY LITTLE.

BUT WHEN SHE SPOKE,
SHE WAS VERY ARTICULATE,
MRS. LOVING.

IF YOU SAW WHAT SHE WROTE,

SHE WROTE IN A VERY NEAT HAND,
IN EXCELLENT WRITING.

IT WASN'T WHAT YOU SAW
OF PEOPLE IN THE SOUTH

WHO HAD BEEN
SO OPPRESSED

AS THE MINORITY PEOPLE
WERE IN THE SOUTH.

SHE WAS INSTANTLY LIKABLE.

I HAD A NATURAL
FIRST NEGATIVE REACTION
TO MR. LOVING

BECAUSE I HAD BEEN
TO THE DEEP SOUTH

AND I WAS
VERY SUSPICIOUS

OF PEOPLE WHO LOOKED
LIKE REDNECKS.

AND, BOY, HE LOOKED
LIKE A REDNECK.

HE HAD A RED NECK
AND A CREW CUT.

WHAT CAME THROUGH
ABOUT THE TWO OF THEM

WAS JUST--
WHAT EVERYONE SAYS--

THEY WERE VERY MUCH
IN LOVE.

THIS WAS A GUY, IF YOU TOOK
THE CHARACTER OF HIM,

HE WOULD HAVE LEFT HER.

HE DIDN'T NEED
ALL THAT GRIEF.

HE WAS A WHITE GUY
WHO WAS IN THE RULING CLASS.

IT NEVER WAS AN ISSUE.
IT NEVER WAS A QUESTION.

IT NEVER WAS
A POSSIBILITY.

I REALLY DON'T KNOW
WHAT'S GOING TO HAPPEN
THIS TIME.

Ryden:
WHAT WOULD HAPPEN
IF YOU LOST THE CASE?

WELL, IF WE LOST,
WE WOULD HAVE TO GO BACK
TO WASHINGTON.

NO, IF WE LOSE IN RICHMOND,
HE'S GOING TO TAKE IT
TO THE SUPREME COURT.

BUT IF WE LOSE THERE,
THEN WE'LL HAVE TO

MOVE BACK
TO WASHINGTON THEN.

- Ryden: YEAH.
- MM-HMM.

IF YOU GET IT
TO THE SUPREME COURT,

I DON'T SEE
HOW YOU COULD LOSE.

I DON'T THINK SO.

- I MEAN, IF YOU
CAN GET IT THERE.
- MM-HMM.

WELL, HE SAID--
ACTUALLY, HE SAID THAT
HE WOULD TRY ANYWAY.

AT LEAST HE SAID
HE COULD.

HE SAID IF WE LOSE
IN RICHMOND

THAT IT WOULD GO
TO THE SUPREME COURT
IN OCTOBER.

Ryden:
WHAT IF YOU WIN?

WILL THEY TAKE IT
TO THE SUPREME COURT THEN?

Mildred:
I DON'T THINK SO.
I DON'T KNOW.

Man:
WELL, ACTUALLY,

I'M SURE THE PUBLICITY
ISN'T TOO PLEASANT.

IT'LL KIND OF WORK OUT--

IT'LL WORK OUT
FOR A LOT OF OTHER PEOPLE.

YES.

I HOPE SO.

YOU KNOW,
BECAUSE OF THAT--

IT'S NOT SO MUCH OF ME
AND RICHARD,

BECAUSE WE COULD GO AWAY,
BUT IT'S THE PRINCIPLE.

IT'S THE LAW.
I DON'T THINK IT'S RIGHT.

AND IF WE DO WIN,
WE WILL BE HELPING
A LOT OF PEOPLE.

- Ryden: YEAH.
- MM-HMM.

I KNEW WE HAVE
SOME ENEMIES,

BUT WE HAVE
SOME FRIENDS, TOO.

SO IT REALLY DON'T
MAKE ANY DIFFERENCE
ABOUT MY ENEMIES.

- WHAT TIME DO WE HAVE TO BE
OVER IN WASHINGTON?
- Hirschkop: 10:00.

WELL, THE LOVINGS
ARE GOING TO CALL AT 9:15.

BOY, I WISH
THEY HAD A PHONE.

I TOLD THEM-- THEY CALLED ME
AT HOME LAST NIGHT.

I TOLD THEM TO CALL US
AT 9:15 THIS MORNING,

THAT WE'D NO DOUBT HAVE
THE DECISION BY THEN.

AT THAT TIME I DIDN'T REALIZE
WE COULD TRY PICKING IT UP

THIS EARLY THIS MORNING.

( paper rustling )

WANT TO SAVE THE ENVELOPE?
IT'S HISTORIC.

IF YOU ASSUME,
WHICH I GUESS WE HAVE TO,

THAT JUDGE LEWIS
KNOWS WHAT HE'S DOING--

HE'S TRYING
TO TRAP US AWAY

FROM THE ISSUE
OF THE STATUTE ITSELF.

I'D BET ON IT.

NO, IT DOESN'T
LOOK THAT WAY.

IT LOOKS LIKE
THEY'RE PENDING US
TOWARDS THE STATUTE.

WELL, WHEN YOU GO BACK
TO THE STATE COURT,

REMEMBER WE'RE RESERVING
SOME OF THE PROCEDURAL
QUESTIONS.

WE COULD ALWAYS BRING THEM
TO STATE COURT.

WELL, THEY HAVE TO RAISE
ALL OUR QUESTIONS

IN THE STATE COURT
THIS TIME AROUND, RIGHT?

- YEAH.
- ALL RIGHT.

THEN I BET THAT WHEN WE RAISE
THE SENTENCE QUESTIONS,

THEY'RE JUST GOING TO FIND
THE SENTENCE UNCONSTITUTIONAL

AND THEY'LL NEVER
REACH THE STATUTE.

WE CAN BE IN THE STATE COURT
FOR THE NEXT TWO YEARS.

THE ORDER SAYS
THEY HAVE TO REACH
THE STATUTE.

I KNOW WHAT IT SAYS, BUT--

WELL, IT SAYS THAT--
I READ IT VERY QUICKLY,

BUT I THOUGHT IT SAID
THAT IF THE STATE COURT
DIDN'T REACH THE STATUTES,

THEY'RE GOING TO COME BACK
AND TAKE IT, SO I THINK
YOU'RE WRONG THERE.

I THINK THEY DEFINITELY
WANT TO SEE A RESOLUTION

OF THE CONSTITUTIONALITY
OF THOSE STATUTES.

AND IF THE STATE SUPREME COURT
OF VIRGINIA DOESN'T DO IT,

THEY'RE TELLING US
THEY'RE GOING TO DO IT,
WHICH IS ALL RIGHT WITH ME.

I DON'T MIND GOING THROUGH
THE STATE SUPREME COURT
SO LONG AS I KNOW--

I DON'T MIND--
AS LONG AS IT TAKES
AND WHATEVER IT TAKES,

SO LONG AS I KNOW
WE CAN EVENTUALLY GET

A RESOLUTION
OF THESE STATUTES.

I THINK HE'S ABDICATING

HIS FEDERAL AUTHORITIES
TO THE STATE.

WELL, I DON'T KNOW.

I THINK THERE'LL BE
A RESOLUTION OF IT

AND THAT'S
WHAT'S IMPORTANT.

I DON'T THINK
THERE'S ANYTHING MORE

THAN A DELAY
INVOLVED HERE.

WELL, LOOK,
YOU CAN'T REALLY SAY.

YOU KNOW, YOU'VE GOT
TO READ THOSE OPINIONS
VERY, VERY CAREFULLY,

BECAUSE SOMETIMES
THE EMPHASIS THAT YOU GET

THE FIRST TIME YOU READ IT
IS NOT WHAT YOU GET LATER.

WHEN WE READ IT LATER--

I'VE READ IT 100 TIMES
ALREADY, BERNIE.

I READ IT BY JUDGE COX
50 TIMES.

I READ IT 25 TIMES
BY JUDGE MEYES

AND I READ IT
BY ALL THE OTHER JUDGES
IN MISSISSIPPI.

LANGHOFF,
COHEN AND COHEN.

MAY I TELL HIM
WHO IS CALLING?

- JUST A MOMENT.
- ( clicks )

MRS. LOVING.

- ON EIGHT?
- NINE.

- ( clicks )
- HELLO?

MRS. LOVING?

WE GOT THE DECISION
IN YOUR CASE THIS MORNING,

AND THE COURT
THAT WE WERE BEFORE,

THE FEDERAL DISTRICT COURT
IN RICHMOND,

HAS SENT US BACK
TO THE STATE COURTS

AND RETAINED
JURISDICTION OF YOUR CASE

AT THE SAME TIME.

NOW THAT'S A LITTLE BIT
COMPLICATED

AND I'LL SEE IF I CAN
EXPLAIN IT EASILY.

THEY'VE TOLD US,
THE JUDGES HAVE TOLD US,

THAT WE HAVE TO
GO THROUGH

THE SUPREME COURT
OF VIRGINIA FIRST

BEFORE WE CAN PROPERLY
ASK THIS COURT

TO RESOLVE THE CONSTITUTIONAL
ISSUES INVOLVED,

THIS FEDERAL COURT
THAT WE'RE IN.

BUT THIS FEDERAL COURT
HAS SAID THAT

IF WE DON'T GET
THE CONSTITUTIONAL
ISSUES RESOLVED

IN THE SUPREME COURT
OF VIRGINIA,

THEN THEY ARE PROMISING
THAT THEY WILL TAKE YOUR CASE

BACK IN THE FEDERAL COURT

AND HEAR
THE CONSTITUTIONAL ISSUES.

SO IT'S A PRETTY GOOD DECISION
IN THAT WE KNOW

THAT WE'RE GOING TO GET
THE ISSUE DECIDED

ONCE AND FOR ALL
SOMETIME, SOMEWHERE.

NOW THAT'S BETTER
THAN ANYTHING WE'VE KNOWN
IN THE PAST TWO YEARS.

WE ALWAYS HAD
A LITTLE WORRY

ABOUT WHETHER OR NOT
WE WOULD BE ABLE

TO GET IT RESOLVED
ANYWHERE,

BUT WE NOW KNOW WE CAN.

IT'S JUST A MATTER
OF TIME.

THE COURT HAS ALSO ORDERED
THAT YOU BE GRANTED BAIL

IN THE EVENT
YOU AND YOUR HUSBAND
ARE ARRESTED AGAIN.

THEY DIDN'T SAY
THAT THEY WOULDN'T ALLOW
THE STATE TO ARREST YOU,

BUT THEY DID SAY
THAT IF YOU ARE TAKEN
INTO CUSTODY AGAIN,

THEY ASSURE YOU
THAT THE FEDERAL COURT

WILL GRANT
A WRIT IN BAIL,

WHICH MEANS WE COULD
GET YOU OUT OF JAIL

IN A VERY SHORT TIME,

PERHAPS A MATTER OF MINUTES
OR AT MOST AN HOUR.

OKAY, SO IT'S ANOTHER
LONG COURT FIGHT
IN FRONT OF US

AND YOU JUST HAVE TO
BE PATIENT,

BUT THE WHEELS OF JUSTICE
GRIND SLOWLY.

OKAY?
IS YOUR HUSBAND THERE?

MAYBE WE'LL LOSE

THE SMALL BATTLES
AND WIN THE BIG WAR.

Man:
THAT WOULD BE WORTH IT,
WOULDN'T IT?

YES, IT WOULD.

( children chattering )

DON, DON?

GO IN THERE AND GET
A SODA BOTTLE

AND RUN OVER THERE
AND ASK GRANDMA TO
SEND A LITTLE OIL.

OKAY.

Ryden:
DOES YOUR GRANDMOTHER
LIVE ACROSS THE STREET?

- MY HUSBAND'S MOTHER
LIVES OVER THERE.
- OH.

WHAT ARE YOUR PLANS
IF YOU WIN NOW?

WHAT WOULD YOU DO?

WHERE WOULD YOU LIVE
AND WHAT WOULD YOU DO?

WELL, MY HUSBAND'S FATHER,
HE GAVE US AN ACRE OF LAND

RIGHT ACROSS
THE ROAD THERE,

AND THAT'S WHERE
WE WANT TO BUILD.

AND I WOULD BE CLOSE
TO MY MOTHER

AND HE'D BE CLOSE
TO HIS FAMILY.

DO YOU FEEL CLOSE
TO YOUR FAMILIES?

- ARE YOU--
- YEAH, UH-HUH.
VERY CLOSE.

THAT'S WHAT WE WOULD DO,
YOU KNOW, IF WE WIN.

IF WE DON'T WIN,
THEN WE HAVE TO
LEAVE AGAIN.

I DREAD TO EVEN
THINK ABOUT IT.

( music playing )

( no audible dialogue )

THEY BARKED UP
THE WRONG TREE.

I GUESS THEY THOUGHT
THAT THEY WERE POOR
AND LOW CLASS

AS THE SHERIFF
SAID THEY WERE,

THAT THEY WOULDN'T
DO ANYTHING.

SO I GUESS THEY DETERMINED
THAT THEY WERE GOING
TO SHOW THEM

THEY MAY BE POOR
AND THEY MAY BE LOW CLASS,
AS HE WOULD SAY,

BUT THEY HAD DETERMINATION
AND THE WILL TO COME BACK

AND DO WHAT THEY NEEDED TO DO
TO BE WITH THEIR FAMILY.

SHE WAS ONLY 18 YEARS OLD
OR 17 WHEN THEY GOT MARRIED,

AND RICHARD WAS
A BIG, HUSKY BRICKLAYER...

BUT EVEN HE WAS UPSET.

HE KNEW THAT THE LAW
WAS AGAINST HIM,

AND HE JUST WANTED ME
TO GO SEE JUDGE BAZILE

AND CONVINCE JUDGE BAZILE
TO LET THEM COME BACK
INTO VIRGINIA.

WHEN I TOLD HIM I DIDN'T THINK
IT WAS GOING TO WORK THAT WAY

AND THAT I THOUGHT
THIS CASE WAS LIKELY TO GO

TO THE SUPREME COURT
OF THE UNITED STATES,

HIS JAW ABOUT DROPPED

AND HE COULDN'T ACCEPT
WHAT I WAS SAYING TO HIM.

HE JUST SAID, "CAN'T YOU
JUST GO SEE JUDGE BAZILE

AND TELL HIM WE DON'T WANT
TO HARM ANYBODY;

WE JUST WANT TO LIVE
IN PEACE IN VIRGINIA"?

HE JUST SAID, "YOU CROSSED
THE LINE WITH ME.

I'M AN AMERICAN.
I HAVE A RIGHT TO BE FREE.

I HAVE A RIGHT
TO CHOOSE A WIFE AND LIVE
WITH THE WOMAN I LOVE.

AND YOU'VE GOT NO RIGHT
TO TELL ME NO, PERIOD."

IT WAS A VERY EXCITING TIME
FOR PHIL AND I...

WITH THIS RESEARCH
WE WERE DOING

AND TALKING TO PEOPLE
WHO HAD HANDLED

OTHER CIVIL RIGHTS CASES

AND GETTING ALL SORTS
OF SUGGESTIONS.

THEY GAVE US
LOTS OF SUGGESTIONS.

THE BOTTOM LINE WAS
IT'S A CIVIL RIGHTS CASE

WITH A 14th AMENDMENT CASE
WITH DUE PROCESS

AND EQUAL
PROTECTION OF THE LAWS
BEING THE MAJOR ISSUES.

ALL RIGHT, WHAT ARE THE THINGS
THAT CAN ONLY BE DONE TOGETHER

BY MAN AND WIFE
THAT THEY CAN'T DO
IN VIRGINIA?

THEY CAN'T COME VISIT
HER PARENTS TOGETHER.

- Man: OR THEIR FRIENDS.
- OR THEIR FRIENDS.

Hirschkop:
THE CHILDREN CAN'T LIVE WITH
THEM AND GO TO SCHOOL THERE.

Man:
BREAKING UP
THE FAMILY OUGHT TO BE

IRREPARABLE INJURY
IF ANYTHING IS.

THIS IS STRICTLY
A SEGREGATION PROBLEM,

AND THE SUPREME COURT
HAS SAID TIME AND AGAIN

THE FEDERAL COURTS
HAVE THE RIGHT TO PROTECT
FEDERAL RIGHTS.

THESE ARE FEDERAL RIGHTS
WE'RE TALKING ABOUT.

LET'S GO BACK TO THE OFFICE
AND GET THIS THING ON PAPER.

Man:
THEY'RE NOT EVEN THINKING
OF IT AS A CIVIL RIGHTS CASE.

THEY'RE THINKING OF IT
AS AN ORDINARY CRIMINAL
PROSECUTION.

THIS IS THE OLD SAW
TO THE STATE

IN ALL OF THESE
CIVIL RIGHTS CASES.

THEY DON'T WANT TO ARGUE
THE SEGREGATION.

THEY COME AND SAY,
WELL, PROCEDURALLY,
THE FEDERAL GOVERNMENT

IS HERE TO OPPRESS US
AND DENY US OUR RIGHTS.

THEY NEVER WANT TO ARGUE
THE INDIVIDUAL RIGHT
OF THE PERSON.

THEY ALWAYS WANT TO ARGUE
THE RIGHT OF THE STATE.

Cohen:
THAT'S NEW PROBLEMS.

NEW PROBLEMS.
NEW PROBLEMS.

WE KNEW IT WAS OBVIOUS
THAT NO VIRGINIA STATE COURT

WAS GOING TO RULE
IN OUR FAVOR.

WHAT JUDGE BAZILE DID
WHEN HE ISSUED THAT
RACIST OPINION

WAS GIVE US
A CLEAR SHOT TO APPEAL

TO THE SUPREME COURT
OF VIRGINIA.

WE APPEALED
TO THE SUPREME COURT
OF VIRGINIA

AND GOT ANOTHER
TERRIBLE DECISION
DENYING US RELIEF,

AND THEN WE HAD
AN APPEALABLE ORDER

FROM THERE
TO THE U.S. SUPREME COURT.

Hirschkop:
WELL, HOPE SPRINGS ETERNAL
WITH CIVIL RIGHTS LAWYERS.

YOU ALWAYS THINK
THERE'S A SUPREME COURT.

YOU ALWAYS KNOW
THAT THE SUPREME COURT

TAKES ONE OUT OF 200--
THEN MAYBE ONE OUT
OF 400 CASES.

THE ODDS OF GETTING A REVIEW
IN THE SUPREME COURT

IN ANY CASE ON ANY DAY
IS VERY SLIM.

Cohen:
MAYBE WE WERE NAIVE,
BUT WE WERE CERTAIN

THE COURT WOULD HEAR
THE CASE.

"BROWN V.
BOARD OF EDUCATION"
HAD ALREADY BEEN DECIDED.

Hirschkop:
WHEN THE SUPREME COURT
GRANTED REVIEW,

WE THEN WERE FACED
WITH A REALLY MAJOR BRIEF.

I WAS ONLY OUT OF LAW SCHOOL
A LITTLE OVER TWO YEARS,

SO I WASN'T
QUALIFIED TO BE ADMITTED
TO THE SUPREME COURT.

SO ANYTHING I DID
WITH THE SUPREME COURT

I HAD TO GET
BERNIE COHEN TO SIGN

BECAUSE HE WAS
OUT OF LAW SCHOOL
MORE THAN THREE YEARS.

SO WE SPENT
EXTENSIVE TIME WRITING

WHAT WOULD BE
THE BEST POSSIBLE BRIEF

AND CALLED UPON ANYONE
WHO WAS WILLING TO HELP.

WE WOULD PINCH OURSELVES

AND SAY, "DO WE REALIZE
WHAT WE'RE DOING?

WE'RE HANDLING
ONE OF THE MOST IMPORTANT
CONSTITUTIONAL LAW CASES

EVER TO COME
BEFORE THE COURT."

Hirschkop:
BERNIE COHEN AND I
WENT TO NEW YORK

TO MEET WITH THE LAWYERS
AND BE SCHOOLED.

I WENT TO NEW YORK FIRST
TO MEET ABOUT WHO WOULD
ARGUE THE CASE.

WHEN YOU GET UP
TO THE BIG COURT,

YOU HAD TO DEAL
WITH THE NATIONAL AMERICAN
CIVIL LIBERTIES UNION,

AND MEL WOLF
WAS THE LEGAL DIRECTOR
FOR MANY YEARS.

I WENT OVER IT WITH HIM.

I HAD ARGUED
IN FEDERAL COURT BELOW.

I HAD ARGUED IN THE VIRGINIA
SUPREME COURT.

IF ANYTHING'S INHERENT
IN THE DEMOCRATIC PROCESS,

IT'S THE FREEDOM
OF THE INDIVIDUAL,

NOT THE FREEDOM
OF THE STATE.

YOU COULD HAVE A DEMOCRACY
WITHOUT FEDERALISM.

THE PROBLEM WAS HE DIDN'T
WANT BERNIE TO ARGUE.

BERNIE HAD NO EXPERIENCE
IN FEDERAL COURT,

AND I JUST FELT
IT WASN'T GOING
TO BE THAT WAY.

I HAD LEARNED
FROM BILL KUNSTLER EARLIER

THAT WHEN YOU
HAVE A COCOUNSEL,
YOU SHARE WITH HIM.

Cohen:
WE WOKE UP AT 5:00
OR 6:00 IN THE MORNING,

OR MAYBE EARLIER
IF WE SLEPT AT ALL.

MY WIFE, RAE, CAME WITH US.

MY SECRETARY MARTHA
DROVE THE CAR

AND WE GAVE HER
THE ASSIGNMENT

OF FINDING A PARKING LOT
TO PARK THE CAR

BECAUSE THAT'S
ONE OF THE CHALLENGES

THAT LAWYERS WHO ARGUED
BEFORE THE SUPREME COURT HAVE--

A PLACE TO PARK THE CAR.

IT WAS A WONDERFUL FEELING.

WE SAID,
"WE'RE HERE AT LAST.

WE'RE JUST GOING
TO HAVE TO DO OUR BEST.

WE'VE REHEARSED.
WE'VE STUDIED.

WE'VE MEMORIZED.
WE UNDERSTOOD THE ISSUES.

WE UNDERSTOOD THE QUESTIONS
THAT WERE LIKELY TO BE ASKED."

I MUST'VE BEEN NERVOUS
BECAUSE MY HANDS WERE
SWEATING SO MUCH

THAT THERE WERE
DRIPS OF PERSPIRATION

ON THE ROSTRUM FROM WHICH
I ARGUED THE MOTION.

I FELT SORRY FOR ANYBODY
WHO HAD TO COME UP THERE
AFTER ME.

THEY WERE GOING
TO GET SOAKED.

I HAD A MOMENT OF NERVES
AND THEN I PICKED UP
THE QUILL--

THEY GIVE YOU A QUILL
WHEN YOU ARGUE THE FIRST TIME

IN THE SUPREME COURT--
AND PLAYED WITH THAT.

THE FUNNY PART IS
WHEN I STOOD UP TO ARGUE,

I WAS AS CALM
AS I'VE EVER BEEN
IN MY LIFE.

IT WAS LIKE SITTING HERE
TALKING TO YOU.

I JUST FELT I BELONGED
RIGHT THERE.

I FELT THAT'S WHAT
I HAD TRAINED FOR

AND I WAS JUST
WHERE I BELONGED
DOING WHAT I SHOULD DO.

Chief Justice Earl Warren:
NUMBER 395.

"RICHARD PERRY LOVING
ET UX., APPELLANTS

V. VIRGINIA."

Man:
COUNSELS ARE PRESENT.

Chief Justice Warren:
MR. HIRSCHKOP.

Cohen:
MR. CHIEF JUSTICE,
MAY IT PLEASE THE COURT,

I AM BERNARD S. COHEN.

I WOULD LIKE
TO MOVE THE ADMISSION

OF MR. PHILLIP J. HIRSCHKOP
PRO HAC VICE,

MY COCOUNSEL
IN THIS MATTER.

HE IS A MEMBER
OF THE BAR OF VIRGINIA.

Chief Justice Warren:
YOUR MOTION IS GRANTED.

MR. HIRSCHKOP,
YOU MAY PROCEED.

Hirschkop:
THANK YOU, YOUR HONOR.

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.

THESE LAWS ROB THE NEGRO RACE
OF THEIR DIGNITY.

THAT'S THE WORST PART
OF THESE LAWS,

AND THAT'S WHAT
THEY'RE MEANT TO DO--

TO HOLD THE NEGRO CLASS
IN A LOWER POSITION,

A LOWER SOCIAL POSITION
AND A LOWER ECONOMIC POSITION.

WE ASK THAT THE COURT
CONSIDER THE FULL SPECTRUM
OF THESE LAWS

AND NOT JUST
THE CRIMINALITY,

BECAUSE IT'S MORE
THAN A CRIMINALITY
THAT'S AT POINT HERE.

THE LEGITIMACY OF CHILDREN,
THE RIGHT TO INHERIT LAND,

THE MANY, MANY RIGHTS--

AND IN REACHING A DECISION,
WE ASK YOU REACH IT
ON THAT BASIS.

Chief Justice Warren:
MR. COHEN.

Cohen:
MR. CHIEF JUSTICE,
MAY IT PLEASE THE COURT.

WHAT IS THE DANGER
TO THE STATE OF VIRGINIA

OF INTERRACIAL MARRIAGE?

WHAT IS THE STATE
OF THE DANGER

TO THE PEOPLE
OF INTERRACIAL MARRIAGE?

MARRIAGE IS A FUNDAMENTAL
RIGHT OR LIBERTY.

AND WHETHER WE GO FURTHER
AND URGE THAT THE COURT SAY

THAT THIS IS A FUNDAMENTAL
RIGHT OR LIBERTY

RETAINED BY THE PEOPLE

WITHIN THE MEANING
OF THE 9th AMENDMENT

AND WITHIN THE MEANING
OF LIBERTY

AND THE DUE PROCESS CLAUSE
OF THE 14th AMENDMENT.

Justice Potter Stewart:
SURELY THAT'S--

THERE'S SOME LIMIT ON THAT.

I SUPPOSE YOU WOULD AGREE
THAT A STATE COULD FORBID

A MARRIAGE BETWEEN A BROTHER
AND A SISTER, WOULDN'T YOU?

Chief Justice Warren:
MR. McILWAINE.

McIlwaine:
IT IS A MATTER OF RECORD
AGREED TO BY ALL COUNSEL

DURING THE COURSE
OF THIS LITIGATION

AND IN THE BRIEF THAT ONE
OF THE APPELLANTS HERE

IS A WHITE PERSON
WITHIN THE DEFINITION
OF THE VIRGINIA LAW.

THE OTHER APPELLANT
IS A COLORED PERSON

WITHIN THE DEFINITION
OF THE VIRGINIA LAW.

THUS, THE COURT
IS SIMPLY FACED
WITH A PROPOSITION

OF WHETHER OR NOT
A STATE MAY VALIDLY FORBID

THE INTERRACIAL MARRIAGE
OF TWO GROUPS,

THE WHITE
AND THE COLORED,

IN THE CONTEXT
OF THE PRESENT STATUTE.

THE STATE HAS A NATURAL
DIRECT AND VITAL INTEREST

IN MAXIMIZING THE NUMBER
OF SUCCESSFUL MARRIAGES

WHICH LEAD TO STABLE HOMES
AND FAMILIES

AND IN MINIMIZING
THOSE WHICH DO NOT.

IT IS CLEAR
FROM THE MOST RECENT
AVAILABLE EVIDENCE

ON THE PSYCHOSOCIOLOGICAL
ASPECT OF THIS QUESTION

THAT INTERMARRIED FAMILIES
ARE SUBJECTED

TO MUCH GREATER PRESSURES
AND PROBLEMS.

IT IS NOT INFREQUENT

THAT THE CHILDREN
OF INTERMARRIED PARENTS

ARE REFERRED TO
NOT NEARLY AS THE CHILDREN
OF INTERMARRIED PARENTS,

BUT AS THE VICTIMS
OF INTERMARRIED PARENTS

AND AS THE MARTYRS
OF INTERMARRIED PARENTS,

AND THAT THE STATE'S
PROHIBITION

OF INTERRACIAL MARRIAGE,
FOR THIS REASON,

STANDS ON THE SAME FOOTING
AS THE PROHIBITION

OF POLYGAMIST MARRIAGE
OR INCESTUOUS MARRIAGE

OR THE PROSCRIPTION
OF MINIMUM AGES AT WHICH
PEOPLE MAY MARRY

AND THE PREVENTION
OF THE MARRIAGE

OF PEOPLE WHO ARE
MENTALLY INCOMPETENT.

Chief Justice Warren:
THERE ARE PEOPLE WHO HAVE
THE SAME FEELING

ABOUT INTERRELIGIOUS
MARRIAGES,

BUT BECAUSE
THAT MAY BE TRUE,

WOULD YOU THINK THAT THE STATE
COULD PROHIBIT PEOPLE

FROM HAVING
INTERRELIGIOUS MARRIAGES?

McIlwaine:
I THINK THAT
THE EVIDENCE AND SUPPORT

OF THE PROHIBITION
OF INTERRACIAL MARRIAGES

IS STRONGER THAN THAT
FOR THE PROHIBITION

OF INTERRELIGIOUS
MARRIAGES.

Chief Justice Warren:
HOW CAN YOU SAY THAT?

IS THAT BECAUSE
YOU BELIEVE THAT?

MR. McILWAINE, DIDN'T WE HAVE
THE SEGREGATION CASE

THAT WAS ALSO ARGUED TO US
WHAT WAS SUPPOSED TO BE

SCIENTIFIC EVIDENCE
TO THE EFFECT

THAT THE WHITES
WOULD BE INJURED

BY HAVING TO GO TO SCHOOL
WITH THE NEGROES?

McIlwaine:
YOUR HONOR, I--

Chief Justice Warren:
ISN'T THAT THE SAME ARGUMENT

YOU'RE MAKING HERE?

McIlwaine:
YES, SIR, IT IS.

I THINK WHAT
THE ATTORNEY GENERAL DID
WAS IMMORAL.

IN THE WAY THIS CASE
WAS PROSECUTED,

I THINK THAT THE ARGUMENT
THEY MADE WAS IMMORAL,

THAT CHILDREN
FROM MIXED MARRIAGES SUFFER,

BECAUSE THEY KNEW
THE WHOLE PURPOSE

OF THE STATUTE
WAS TO PRESERVE
RACIAL INTEGRITY.

AND MR. McILWAINE
HAD AN ALTERNATIVE

TO SAY, "I CAN'T
ARGUE THIS CASE.

I BELIEVE IT IS IMPROPER,
IMMORAL, NOT ACCURATE."

HE PRESENTED
A FALSE ARGUMENT

TO THE UNITED STATES
SUPREME COURT

OF THIS IS REALLY
TO PRESERVE THE RIGHTS
OF SOME YOUNG CHILDREN,

KNOWING THAT IS NOT
WHAT THE STATUTE WAS ABOUT.

Chief Justice Warren:
MR. COHEN.

Cohen:
THAT IS THE RIGHT
OF RICHARD AND MILDRED LOVING

TO WAKE UP IN THE MORNING
OR TO GO TO SLEEP AT NIGHT

KNOWING THAT THE SHERIFF
WILL NOT BE KNOCKING
ON THEIR DOOR

OR SHINING A LIGHT
IN THEIR FACE

IN THE PRIVACY
OF THEIR BEDROOM

FOR ILLICIT COHABITATION.

THE LOVINGS HAVE THE RIGHT
TO GO TO SLEEP AT NIGHT

KNOWING THAT SHOULD THEY NOT
AWAKE IN THE MORNING,

THEIR CHILDREN
WOULD HAVE THE RIGHT

TO INHERIT FROM THEM
UNDER INTESTACY.

THEY HAVE THE RIGHT
TO BE SECURE IN KNOWING

THAT IF THEY GO TO SLEEP
AND DO NOT WAKE IN THE MORNING,

THAT ONE OF THEM,
A SURVIVOR OF THEM,

HAS THE RIGHT
TO SOCIAL SECURITY BENEFITS.

ALL OF THESE
ARE DENIED TO THEM.

NO ONE CAN ARTICULATE IT
BETTER THAN RICHARD LOVING

WHEN HE SAID TO ME,
"MR. COHEN,

TELL THE COURT
I LOVE MY WIFE

AND IT IS JUST UNFAIR

THAT I CAN'T LIVE
WITH HER IN VIRGINIA."

MY RECOLLECTION
OF THAT DAY IS TWOFOLD--

STANDING UP AND LOOKING
AT CHIEF JUSTICE WARREN

AND JUSTICE BLACK
AND JUSTICE HARLAN

AND JUSTICE DOUGLAS
AND THE OTHER JUSTICES,

AND I THOUGHT I SAW
THE FACE OF GOD.

YOU KNOW,
IN A LEGAL CAREER
OF 45 YEARS,

IT'S THE HEIGHT
OF THE CAREER

TO STAND BEFORE THESE PEOPLE
WHO ARE GIANTS.

THEY CHANGE
OUR SOCIETY ENORMOUSLY.

AND THEN AFTERWARDS,
A HUG FROM MY FATHER

ON THE STEPS
OF THE SUPREME COURT.

WE CERTAINLY INVITED
THE LOVINGS

TO COME TO HEAR
THE ARGUMENT.

SHE WOULD NOT GO ALONE

AND RICHARD
WASN'T GOING TO GO
UNDER ANY CIRCUMSTANCE.

WHEN RICHARD
TURNED US DOWN,

I ASKED HIM
IF THERE WAS ANYTHING

HE WANTED ME TO SAY
TO THE COURT.

AND HE PAUSED
FOR A MOMENT AND SAID,

"JUST TELL THE COURT
I LOVE MY WIFE."

THEY TOLD US WE COULD
COME TO THE SUPREME COURT
IF WE WANTED TO,

BUT I SAID I WOULDN'T
UNDERSTAND IT,

IT WAS JUST UP TO US
IF WE WANT TO COME,

SO WE DIDN'T EVEN GO.

I DIDN'T WANT TO GO.

I'M NERVOUS ENOUGH NOW.

SOMEONE BURNED A CROSS
AT MY MOTHER'S HOUSE.

I DON'T KNOW IF THAT
WAS TO DO WITH US
OR WHAT HAPPENED.

IT WAS JUST A PRANK,
I GUESS.

Ryden:
DO YOU THINK THAT THIS
BRINGS YOU CLOSER TOGETHER?

YES, I DO, I THINK.

I GUESS.

- YOU?
- YEAH, I THINK SO.

( music playing )

♪ O LORD,
I'M IN YOUR CARE... ♪

Cohen:
THE SUPREME COURT DECISION
WOULD TAKE ANYWHERE

FROM 60 TO 90
TO 120 DAYS.

♪ EVIL CANNOT HARM ME ♪

♪ O LORD... ♪

Hirschkop:
WE PURPOSEFULLY TRIED

TO KEEP THE COVERAGE
OF THE CASE VERY LOW.

THE LOVINGS DID NOT
WANT PUBLICITY.

THEY WERE LIVING
BACK IN VIRGINIA,

BUT THEY FELT
THERE MIGHT BE SOME DANGER

BECAUSE THERE WAS
A LOT OF STRONG EMOTION
ABOUT MIXED MARRIAGES.

♪ ALL DAY LONG
I'M IN YOUR CARE ♪

♪ ALL DAY LONG... ♪

Hirschkop:
I GOT A CALL

THAT RULING WOULD BE
THE NEXT DAY.

Chet Huntley:
CHET HUNTLEY,
NBC NEWS NEW YORK.

David Brinkley:
AND DAVID BRINKLEY,
NBC NEWS WASHINGTON.

THE SUPREME COURT
HELD TODAY

THAT MARRIAGES OF WHITES
AND NEGROES ARE LEGAL

AND THAT NO STATE
MAY STOP THEM.

THE DECISION
WAS UNANIMOUS

AND CHIEF JUSTICE WARREN
WROTE IT.

THE CASE WAS BROUGHT
BY A WHITE MAN FROM VIRGINIA,

A CONSTRUCTION WORKER,

AND HIS WIFE,
WHO IS PART NEGRO
AND PART INDIAN.

AT ISSUE WAS
AN ANTIMISCEGENATION
LAW IN VIRGINIA.

AT ONE TIME,
41 STATES FORBADE
INTERRACIAL MARRIAGE.

IN MORE RECENT YEARS,
ALL BUT 16 HAVE REPEALED
THESE LAWS.

NOW THEY WILL ALL
HAVE TO GO.

CHET.

Huntley:
PRIME MINISTER...

WE WERE ELATED.
WE JUMPED UP AND DOWN.

WE HUGGED EACH OTHER
AND HUGGED EVERYBODY
IN SIGHT.

AND WE HAD TO LET
THE LOVINGS KNOW.

I RECALL THEY GOT
ON THE PHONE WITH US

AND WE CONGRATULATED THEM

AND THEY SAID "THANK YOU."

( music playing )

♪ IT'S A SLOW ♪

♪ SLOW TRAIN ♪

♪ BUT IT'S MOVING ON ♪

♪ I'VE GOT MY TICKET ♪

♪ DON'T, DON'T PASS ME BY ♪

♪ IF I DON'T GET ON ♪

♪ OOH, I'D BREAK
RIGHT DOWN AND CRY ♪

♪ I'VE ONLY GOT ONE LIFE ♪

♪ TO LIVE ON THIS EARTH ♪

♪ WHOA, GET ME THERE ♪

♪ WON'T YOU PLEASE ♪

♪ CONDUCTOR SIR? ♪

♪ IT'S A SLOW ♪

♪ SLOW TRAIN ♪

♪ BUT IT'S MOVING ON ♪

♪ NOW EVERYBODY
GETS A TICKET ♪

♪ YOU, YOU AND ME ♪

♪ IT'S UP TO YOU
TO CATCH A RIDE ♪

♪ THAT'S HOW
IT'S GOTTA BE ♪

♪ EVERYONE BORN, YEAH ♪

♪ HAS TO PROVE HE'S A MAN ♪

♪ MAKE IT EASY
ON YOURSELF ♪

♪ FOR THERE'S
NO HELPING HAND ♪

♪ IT'S A SLOW ♪

♪ SLOW TRAIN ♪

♪ BUT IT'S MOVING ON ♪

♪ IT'S A SLOW ♪

♪ SLOW TRAIN ♪

♪ BUT IT'S MOVING ON. ♪

( music playing )