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In 1964, frustrated by their inability to travel together to visit their families in Virginia, as well as their social isolation and financial difficulties in Washington, Mildred Loving wrote in protest to Attorney General Robert F. The ACLU assigned volunteer cooperating attorneys Bernard S. Hirschkop, who filed a motion on behalf of the Lovings in the Virginia Caroline County Circuit Court, that requested the court to vacate the criminal judgments and set aside the Lovings' sentences on the grounds that the Virginia miscegenation statutes ran counter to the Fourteenth Amendment's Equal Protection Clause.

On October 28, 1964, after waiting almost a year for a response to their motion, the ACLU attorneys brought a class action suit in the U. District Court for the Eastern District of Virginia.

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.

However, upon her arrest, the police report identifies her as "Indian." She said in a 2004 interview, "I am not black." A factor contributing to the confusion is that it was seen at the time of her arrest as advantageous to be "anything but black." At the age of 18, Mildred became pregnant.

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