Article by Mary Jane, Editor, Golden Gazette, Department of Family Services
(Posted 2020 October)
It was 2 a.m. on July 13, 1958, when Richard and Mildred Loving were arrested at their home. The charge: miscegenation (marriage or cohabitation between a man and woman of different races)—a felony under Virginia law. They were convicted in 1959 and sentenced to one year in prison. The sentence was suspended on condition they leave Virginia.
They moved to D.C., but the problem was—Mildred missed Virginia. She wanted to go home. So, they filed a petition.
The case wound its way to the United States Supreme Court where it was argued on June 12, 1967 by two young attorneys: Philip Hirschkop and Bernie Cohen.
By unanimous decision, the court ruled in their favor and found that Virginia’s interracial marriage law violated the Equal Protection and Due Process Clauses of the 14th Amendment to the Constitution.
This famous case, of course, is Loving vs. Virginia. Philip Hirschkop, one of the attorneys who argued the case, explains that the decision not only legalized the Loving’s marriage in Virginia, it also invalidated laws banning interracial marriage in 16 states.
Hirschkop, a Mason Neck resident, is now 84. He defines his involvement with Loving vs. Virginia as “serendipitous.” He remembers it was 1964, and he was meeting with his Georgetown University law professor, Chester Antieau, when an urgent note was delivered.
It was from Bernie Cohen, a former student, who was waiting anxiously to see the professor for advice. He needed to talk with someone who had solid experience in civil rights. He had filed a petition for an interracial couple that sat languishing for a year in Virginia, and his clients wanted action. According to Hirschkop, Antieau immediately realized Cohen’s solution was sitting directly in front of him. The professor opened the faculty lounge door, introduced the two and watched history unfold as they left to discuss details about the case.
Loving vs. Virginia, 1963
One-year earlier Cohen was assigned Loving vs. Virginia by the American Civil Liberties Union (ACLU). The case was referred to them by U.S. Attorney General Robert Kennedy. As it turns out, Mildred Loving wrote to Kennedy asking for his help in allowing Richard and her to live legally in Virginia. At the time, they were living in Washington D.C. and had been living there since their conviction in 1959. Mildred now missed her hometown. She wanted to go back.
“Writing directly to Bobby Kennedy was a bold move,” says Hirschkop. He also says she was inspired by all the enormous pre-publicity on the March on Washington and listening to Dr. Martin Luther King and other speakers. “It is sad to note that nobody knows what happened to her original letter to Kennedy from 1963,” says Hirschkop. “I can only imagine how heartfelt and compelling it was.” Fortunately, Hirschkop saved a copy of the letter that Kennedy suggested she write to the ACLU. “It’s in my files from the case,” he says matter-of-factly.
Living in Washington D.C.
While living in Washington D.C. since 1959, where interracial marriage was legal, the Lovings had three children. It was the city where they married and, now, it was where they fled to after leaving Virginia. According to Hirschkop, living in D.C., wasn’t good enough for Mildred. She worried about the safety of her children and scarcity of work—Richard was a construction worker and often unemployed. But, ultimately, she was tired and wanted to go home to Central Point in Caroline County. (Just north of Richmond.)
Virginia Supreme Court of Appeals
Cohen filed a petition to overturn the Loving’s conviction. The case went to the Virginia Supreme Court of Appeals—now called the Supreme Court of Virginia—where the original ruling was upheld.
Hirschkop was undeterred. Following that appeal, the case was accepted by the United States Supreme Court in 1967. “We were not going to give up,” he said.
The U.S. Supreme Court
During oral arguments, Hirschkop and Cohen argued that the Virginia statute was illegal under the 14th Amendment of the U.S. Constitution, which guarantees all citizens due process and equal protection under the law.
At one point in his argument, Hirschkop asserted that Virginia’s interracial laws were rooted in racism. “These are not health and welfare laws,” he argued. “These are slavery laws, pure and simple.” The passion in his arguments was rooted in his experience as a Green Beret paratrooper and his earlier civil rights involvement.
Hirschkop had been to Danville, Va., in June 1963, when peaceful civil rights protests turned violent at a prayer vigil. It was called Bloody Monday. “They were attacked with clubs and water hoses,” says Hirschkop. He also was involved with other significant civil rights advocates representing well known clients including, Dick Gregory, Mitch Snyder and Norman Mailer who was arrested at the Pentagon for protesting the Vietnam War.
Hirschkop says that earlier in life, he had also developed empathy for the plight of migrant workers. He explains that his father moved the family out of Brooklyn, New York for a better life. So they moved to New Jersey. “We lived in a farming community, and I saw the horrible conditions that migrant workers had to endure,” says Hirschkop. His parents tried to help. He says that his mother took kids off the street and invited them for dinner. His father gave the adults money to help fix their poor living conditions. As a result, Hirschkop would forever understand the value of compassion for all.
Lovings Return to Central Point
The Lovings kept a low profile throughout the case. But, when the U.S. Supreme Court ruled in their favor, a press conference was held. Afterwards, they quietly moved back home to continue their lives and raise Sidney, Donald and Peggy.
Richard and Mildred were in a car accident in 1975. Richard did not survive. She never remarried, living the rest of her life in the home that Richard built in Central Point. In 2008, at age 68, Mildred died from pneumonia.
Reflecting on the Lovings
Hirschkop remembers the Lovings as a private couple. “She was shy, but it didn’t stop her from doing most of the talking for them,” he said. It seemed obvious to Hirschkop that Richard had gone through this long legal process for her. “He loved Mildred.”
Hirschkop is Still Going Strong
Hirschkop continues to practice civil rights and personal injury law. He gives a few interviews and only if he thinks it will benefit the public.
Often, he is approached to discuss his most famous case or is invited by Hollywood types to consult on films about the Lovings. But, he is not a fan of the movies depicting the case. “They didn’t have all the facts right and deviated from the real story.”
In the end, he is glad that people are still interested in learning about this landmark case and the remarkable couple who pushed it throughout to the Supreme Court.
This article is part of the Golden Gazette monthly newsletter which covers a variety of topics and community news concerning older adults and caregivers in Fairfax County. Are you new to the Golden Gazette? Don’t miss out on future newsletters! Subscribe to get the electronic or free printed version mailed to you. Have a suggestion for a topic? Share it in an email or call 703-324-GOLD (4653).