50th anniversary of Loving v. Virginia

There are too many resources available on this landmark case and precursor to Obergefell v. Hodges to list here.  A YouTube search reveals any of a number of documentaries of varying lengths.  here are some musical resources:

MacGyver Can Save the World With a Safety Pin. Will You?

Last Wednesday morning, millions of young people arose from bed in a new America that targets them for harm. In New America, they will be subjected to increased overt ridicule and violence because of their color, or their parentage, or their gender, or how they worship, or who they love. Emboldened by the overt racism and sexism expressed by the leader of New America, the worst forms of schoolyard bullying have been implicitly encouraged. Formal government policy will soon threaten the very hearths and homes of families who do not match the narrow white, rural, christian mold of New America.

For those young people who are our students in colleges across New America, their concerns about whether they will be able to turn in a quality term paper by the due date must now give way to present and tangible fears that their parents will be deported, their scholarships will be revoked, they will be sexually assaulted with impunity or they will be physically beaten because of who they are.

College educators across New America have begun to make conspicuous pronouncements that the values of diversity and inclusiveness will not be compromised in their domains.  Hopefully, college and university administrators will soon follow suit. But each of us must not hesitate to act individually to maintain a culture of safety and inclusion for the emotional and educational well-being of the young people who look to us for guidance.

The Brexit vote in Great Britain created similar dangers for immigrants in the UK. To send a message of support for those who had been suddenly further marginalized, some Britons took to wearing safety pins to express their support.  The pin says to those who now must fear attack from all quarters, “You are safe with me.  I will support you.” The movement has begun here as well.

Wearing the pin is not about making ourselves feel better. It is integral to the fulfillment of our obligation as educators and nurturers. We must allay the anxieties of our students who are fearful and threatened and wondering if they will ever again be safe.

Wearing a pin is no substitute for the advocacy, vigilance, awareness, agitation, and determination that must support any social movement.  It is a gesture of trifling effort providing potentially life-saving comfort to those whose lives have been thrust into turmoil. Wear your pin with commitment to the values of equality and inclusion that were among Old America’s greatest aspirations . . . and share this with a friend.

Mark DeAngelis

UConn

Asst. Prof. in Residence, BLAW

Immigrant's Son

Click here for source of image.

Add a Star Wars Rebel Alliance logo to your pin for additional symbolism:

Click here for source of image.

And it begins: Click here to see confederate flags at a California Veteran's day parade.  And here to read about the overt incidents of hate, racism and intolerance spreading across the nation like blood draining from its veins. 

Thought Provoking Law Quote: Anatole France

Nineteenth-century French author Anatole France had this to say of the equal application of law,

“The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.”

While the rules in civil litigation may be the same for both parties, are both equally well equipped to carry on the protracted conflict envisioned by the adversarial system? If a high school football team played a game against an NFL team, the rules might be the same for both teams, but what is the likely outcome?

Song of Civil Disobedience

Law affects the conduct of the people.  But if the people use their conduct to peacefully disobey the law, then maybe the people affect the shape of the law.

Rosa Parks.  She sat on a bus.

Will The Supreme Court Hear the DOMA case?

The Defense of Marriage Act (DOMA) has, for the second time, been declared unconstitutional by a Federal Court of Appeals.  The recent ruling by the Second Circuit in NY follows a decision from Spring 2012 by the First Circuit Court of Appeals in Boston striking down the provisions of DOMA that prevent persons, legally married under state law, from being recognized as married for Federal purposes.  Cert petitions are presently pending in the Supreme Court.  Recently, Justice Ginsburg opined that DOMA would be before the court for consideration this term.

What are the practical implications of DOMA? Why is this relevant? Here is an example:


First Circuit Ruling:

Law Music Video: The Loving Kind

This week's law music video post is The Loving Kind by Nanci Griffith.  See related posts here and here.

Nanci Griffith writes, "They changed the hearts of my nation, with their wedding vows." Would this have been true if the Supreme Court had upheld the Virginia Law? In other words, was it their wedding that fostered change or was it the court's willingness to embrace their wedding that changed the hearts (and minds) of the nation?

The award winning book, The Hollow Hope, argues that the Court's decision in Brown vs. Board of Education actually set back the cause of integration - that time and education would have brought quicker and more effective integration. Do you agree or disagree?  What, if anything, is the value of a Supreme Court decision on changing the "hearts and minds" of Americans?

More than 50 years after the Loving decision, there is still a durable belief among some that interracial marriage should be illegal. (This poll ascribes that position to 29% of likely Republican voters in Mississippi) Is this the best consensus that we can hope for in a pluralist society?  Do those who disagree with the Court's decision nevertheless acquiesce to it - or do they strive to change it?

Mildred and Richard Loving Photos Released

Newly discovered photos of Mildred and Richard Loving taken in 1965 have been made public. The Lovings were the plaintiffs in the Supreme Court case that struck down Virginia's anti-miscegenation laws. The photos were discovered during the making of a documentary, The Loving Story, due for release in February.  Click here to see the newly released photos.

Featured case: Loving v. Virginia.

The video below is a new release of a live performance of Nanci Griffith's musical tribute to the Lovings.

Featured Case: Loving v. Virginia

In this well known case, the US Supreme Court struck down  all anti-miscegenation statutes on both Substantive Due Process and Equal Protection grounds.  My favorite quote from the case is this:

The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men [and women]. Marriage is one of the "basic civil rights of man[kind]," fundamental to our very existence and survival.

There is a fair amount of video material available on this case. I have chosen to post a few videos that I hope you will find useful for presenting this case in class. First, there is an original ABC news report on the case from 1967. The second is a live performance by singer/songwriter Nanci Griffith of her song, The Loving Kind, written about Midred and Richard. This clip has already appeared and disappeared from YouTube a couple of times.  So, if it is here when you read this post, and you want to use it for educational purposes, you should download it for classroom use.  The third is The Ballad of Mildred Loving. Songs about Supreme Court cases are pretty rare, but this case has inspired at least two.  The last video makes a comparison to same-sex marriage restrictions and an appeal to keep religious beliefs from impacting civil rights. There are a number of good websites with personalized stories and images as well. Three may be found here, here and here.  Podcast.

Law Lessongs: Due Process and Equal Protection

These videos and songs from Power Point presentations can help students consider the elements and parameters of a Due Process or an Equal Protection claim (while having a bit of fun). Learn more about Law Lessongs from the post found here. More videos may be found at my youtube channel. Please feel free to use them in the classroom or as assignments or in any way that they work for you as an educational resource.