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.Virginia, there had been several cases on the subject of interracial sexual relations. Interracial marital sex was deemed a felony, whereas extramarital sex ("adultery or fornication") was only a misdemeanor.
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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.
The fact that he separated the races shows that he did not intend for the races to mix.
On January 22, 1965, a three-judge district court panel postponed decision on the federal class-action case while the Lovings appealed Judge Bazile's decision on constitutional grounds to the Virginia Supreme Court. Carrico (later Chief Justice of the Court) wrote an opinion for the court upholding the constitutionality of the anti-miscegenation statutes.
Despite conflicting testimony by various expert witnesses, the judge defined Mrs.