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While he upheld their criminal convictions, he directed that their sentence be modified.Carrico cited as authority the Virginia Supreme Court's decision in Naim v.However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I am not black." A factor contributing to the confusion is that it was seen at the time of her arrest as advantageous to be "anything but black." At the age of 18, Mildred became pregnant.In June 1958, the couple traveled to Washington, D. to marry, thereby evading Virginia's Racial Integrity Act of 1924, which made marriage between whites and non-whites a crime.Defendants convicted, Caroline County Circuit Court (January 6, 1959); motion to vacate judgment denied, Caroline County Circuit Court (January 22, 1959); affirmed in part, reversed and remanded, 147 S. The Supreme Court's unanimous decision determined that this prohibition was unconstitutional, overruling Pace v. Their marriage violated the state's anti-miscegenation statute, the Racial Integrity Act of 1924, which prohibited marriage between people classified as "white" and people classified as "colored".Despite conflicting testimony by various expert witnesses, the judge defined Mrs.Monks' race by relying on the anatomical "expertise" of a surgeon.

Her race has been a point of confusion – during the trial, it seemed clear that she identified herself as black, especially as far as her own lawyer was concerned.They were told the certificate was not valid in the Commonwealth.The Lovings were charged under Section 20-58 of the Virginia Code, which prohibited interracial couples from being married out of state and then returning to Virginia, and Section 20-59, which classified miscegenation as a felony, punishable by a prison sentence of between one and five years.This prompted the county court judge in the case, Leon M.Bazile, to issue a ruling on the long-pending motion to vacate.

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