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After the Democrats returned to power, the restriction was reimposed.
On the one hand, a person's reputation as black or white was usually decisive in practical matters.
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.Echoing Johann Friedrich Blumenbach's 18th-century interpretation of race, the local court wrote: Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents.And but for the interference with his arrangement there would be no cause for such marriages.On January 6, 1959, the Lovings pled guilty to "cohabiting as man and wife, against the peace and dignity of the Commonwealth." They were sentenced to one year in prison, with the sentence suspended on condition that the couple leave Virginia and not return together for at least 25 years.After their conviction, the couple moved to the District of Columbia.