[Congressional Record Volume 160, Number 91 (Thursday, June 12, 2014)]
[Senate]
[Page S3655]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     LOVING v. VIRGINIA ANNIVERSARY

  Mr. LEAHY. Madam President, on June 12, 1967, during a period of 
significant political and racial tension in our Nation, the Supreme 
Court issued a unanimous landmark decision in Loving v. Virginia that 
overturned laws banning interracial marriage. This decision ushered in 
a transformative moment in American history. As we approach the first 
anniversary of another landmark Supreme Court decision in the Windsor 
case, we should remember the foundational work that was laid when the 
Supreme Court came together nearly 50 years ago to uphold the civil 
rights of all Americans to marry the person they love.
  In writing for the majority in Loving, Chief Justice Earl Warren 
declared ``the freedom to marry, or not marry, a person of another race 
resides with the individual, and cannot be infringed by the State.'' My 
wife Marcelle and I had been married just 5 years at the time, and on 
that June day, we were overwhelmed with pride and joy for the many 
couples affected by this historic decision. Now married for over 50 
years, I cannot bear to imagine a world where I would have been 
prohibited from marrying the person I love because of something beyond 
my control.
  As I reflect on the landmark Loving decision, I am filled with pride 
for my home State. Throughout history, Vermont has taken a leadership 
role in America's journey to build a more just society. Vermont was the 
first State in the Union to outlaw slavery, and Vermonters offered 
shelter to runaway slaves seeking refuge while in transit to Canada--
serving as one of the last stops on the Underground Railroad. Vermont 
was also the first to adopt universal manhood suffrage, regardless of 
property ownership.
  It is because of this history that it is not surprising that Vermont 
has been at the forefront of our Nation's march toward marriage 
equality: Vermont was the first State to provide civil unions back in 
2000, and on April 7, 2009, Vermont once again led the Nation by 
granting marriage equality for the first time through democratically 
elected officials on a bipartisan basis instead of through the courts.
  This is not to say that it was easy. The initial move toward civil 
unions fomented heated debate among Vermonters and throughout the 
Nation. But several courageous leaders, such as the late Republican 
U.S. Senator from Vermont Bob Stafford, showed us the way, and their 
advocacy for equality was powerfully moving. Like many Vermonters, I 
listened to advocates, friends, and neighbors who reminded me that love 
and commitment are values to encourage and not to fear. I continue to 
be inspired by the inclusive example set by Vermont.
  Five years ago Vermont's State Legislature passed the Marriage 
Equality Act, which provided marriage equality for all Vermonters. 
Since then, more than 3,700 same-sex couples have married in the State 
of Vermont, 19 States and the District of Columbia have marriage 
equality, and the Supreme Court has decided a landmark case on the 
issue of same-sex marriage.
  One year ago this month, the Supreme Court struck down section 3 of 
the Defense of Marriage Act, which defined marriage for purposes of 
Federal law as ``only a legal union between one man and one woman.'' 
The Court concluded that the law deprived couples of equal liberty as 
protected by our fifth amendment. All Americans deserve equal justice 
under the law, and Marcelle and I celebrated this important decision, 
which honored the Loving decision and pushed the Nation farther on its 
path toward equality.
  In 2007, on the 40th anniversary of the Loving decision, Mildred 
Loving reflected on her life and weighed in on the issue of marriage 
equality. She said:

       Surrounded as I am now by wonderful children and 
     grandchildren, not a day goes by that I don't think of 
     Richard and our love, our right to marry, and how much it 
     meant to me to have that freedom to marry the person precious 
     to me, even if others thought he was the `wrong kind of 
     person' for me to marry. I believe all Americans, no matter 
     their race, no matter their sex, no matter their sexual 
     orientation, should have that same freedom to marry. 
     Government has no business imposing some people's religious 
     beliefs over others. Especially if it denies people's civil 
     rights.
       I am still not a political person, but I am proud that 
     Richard's and my name is on a court case that can help 
     reinforce the love, the commitment, the fairness, and the 
     family that so many people, black or white, young or old, gay 
     or straight seek in life. I support the freedom to marry for 
     all. That's what Loving, and loving, are all about.

  As chairman of the Senate Judiciary Committee, I have made civil 
rights a priority of our Committee's agenda and a priority in the 
Senate. I often hear from those who think that the struggle for civil 
rights is over--that this issue is one for the history books. If only 
that were true. If only every American could marry the love of their 
life and have that union recognized. If only hate groups stopped 
targeting communities based on their sexual orientation, race, 
religion, or national origin. If only racial discrimination in voting 
was a thing of the past, but it is not. We must keep up the fight on 
our path toward a more perfect union.
  This month we celebrate and honor the real love behind both the 
Loving and Windsor decisions. Their fight to be with the one they loved 
spans decades, but their lessons stand the test of time. They are the 
kinds of Supreme Court rulings that future generations will point to 
when they consider the Supreme Court's most notable decisions. The 
march toward equality must and will continue until all individuals--
regardless of sexual orientation, gender or gender identity, race, 
ethnicity, religion, or disability--are protected and respected, 
equally, under our laws.

                          ____________________