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The court did not need to affirm the constitutionality of the ban on interracial marriage that was also part of Alabama's anti-miscegenation law, since the plaintiff, Mr. Kirby asked the state of Arizona for an annulment of his marriage. The court case involved a legal challenge over the conflicting wills that had been left by the late Allan Monks; an old one in favor of a friend named Ida Lee, and a newer one in favor of his wife.
Pace, had chosen not to appeal that section of the law. Alabama, the constitutionality of anti-miscegenation laws banning marriage and sex between whites and non-whites remained unchallenged until the 1920s. He charged that his marriage was invalid because his wife was of "negro" descent, thus violating the state's anti-miscegenation law. Kirby's race by observing her physical characteristics and determined that she was of mixed race, therefore granting Mr. Lee's lawyers charged that the marriage of the Monkses, which had taken place in Arizona, was invalid under Arizona state law because Marie Antoinette was "a Negro" and Alan had been white.
Naim (1955) and argued that the Lovings' case was not a violation of the Equal Protection Clause because both the white and the non-white spouse were punished equally for the crime of miscegenation, an argument similar to that made by the United States Supreme Court in 1883 in Pace v. The Lovings, still supported by the ACLU, appealed the decision to the United States Supreme Court, where Virginia was represented by Robert Mc Ilwaine of the state's attorney general's office.
The Lovings did not attend the oral arguments in Washington, but one of their lawyers, Bernard S.
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.
hoping to find them having sex, given that interracial sex was then also illegal in Virginia.
When the officers found the Lovings sleeping in their bed, Mildred pointed out their marriage certificate on the bedroom wall.