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Bernard Cohen (1934-2020), who convinced the Supreme Court that bans on inter-racial marriage were unconstitutional

 Flags flew at half staff in Virginia last month, marking the death of Bernard Cohen, and also marking how much has changed in Virginia and the U.S. since he argued in the Supreme Court against the Virginia law that forbid inter-racial marriage. (The legalization of same sex marriage was still decades in the future.)

Va. flags to be half-staff Friday in memory of late Bernard Cohen, lawyer in Loving v. Virginia case   by MATTHEW BARAKAT, AP 

"Cohen and legal colleague Phil Hirschkop represented Richard and Mildred Loving, a white man and Black woman who were convicted in Virginia in 1959 of illegally cohabiting as man and wife and ordered to leave the state for 25 years.

"Cohen and Hirschkop represented the Lovings as they sought to have their conviction overturned. It resulted in the Supreme Court’s unanimous 1967 Loving v. Virginia ruling, which declared anti-miscegenation laws unconstitutional."

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In a 1963 appeal, the Virginia trial judge declared:

“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 judge wrote in upholding the sentence. “The fact that He separated the races shows that He did not intend for the races to mix.”

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Here's the Supreme Court decision 

LOVING  v. VIRGINIA , SUPREME COURT OF THE UNITED STATES, 388 U.S. 1

June 12, 1967, Decided

"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

"These convictions must be reversed."

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