Don't Make a Scene: Loving (2016)

The Set-up: I have this little test. I do it every so often. When I get to know a young person, millennial or not, I ask them if they know what "miscegenation" means. 

The last few years, nobody's known. And they ask me what does it mean, and I tell them it's not important, that's it's a "dead" word and it deserves to die and stay dead, never to be uttered by another human being for the rest of time.

It is almost inconceivable to me that until 1967, fully one-third of the United States had laws on the books against "mixed race" marriages. It was illegal in a third of the country. And it took the Supreme Court of the United States to make those laws unconstitutional...which they did in 1967,* on the appeal of a case with the entirely appropriate title "Loving vs. Virginia".

Because the name of the couple convicted of a "mixed race" marriage was Loving. Richard and Mildred Jeter Loving.

And they took the steps. They took the actions. They suffered the consequences. They fought the fight. They won the right to be married without being arrested because of it.

It's a great story and a great movie that I highly recommend and when I saw it, this scene hit me right in the gut and brought tears to my eyes. That doesn't happen much. But, the simplicity of the scene and its words just moved me.

But, here's an aside. At the time that decision happened, there lived a boy who was (and still is) the product of one of these "mixed race" marriages that was illegal in one third of the country, and 32 years later that child, named Barack Obama, was sworn in as President of the United States...of all the United States. 32 years. That's a generation. A single generation.

It seems like change doesn't happen quickly enough, and it can't happen quickly enough on things like basic human issues and the elimination of old ideas and prejudices. That usually takes evolution and extinction and that's a long process.

But one generation? There are times when this country which, if you listen to the news (I don't care what channel you listen to), every day seems threatening to back-slide into the Dark Ages, amazes me and makes me proud. 

This is one of those instances.

When, in "Loving vs. Virginia," the Law took the side of "Loving."

The Story: Loving tells the story of Richard and Mildred Loving (played by Joel Edgerton and Ruth Negga) who get married in Washington D.C., despite both living in Virginia, owing to its racial laws. Knowing they can't live in Virginia, lest they be arrested they live in Washington, but Mildred longs to move back to Virginia, back to the country. Finally, she writes a letter to the Attorney General and is referred to the ACLU. Their lawyers (Nick Kroll and Jon Bass), having spent months winding its way through the court system, finally have some good news.   


Action.

154 EXT. KING AND QUEEN COUNTY FARMHOUSE - DAY 154 

The ground is covered in snow. The fields and trees are all white with ice. 

Richard crunches across the yard to a wood pile and begins gathering up a stack. A shiny black Lincoln is parked in the yard.

155 INT. KING AND QUEEN COUNTY FARMHOUSE/KITCHEN - DAY 155 

Richard enters the kitchen with the wood. 

Bernie and Phil are seated at the kitchen table across from Mildred.

Bernie sips a hot cup of coffee. 

BERNIE COHEN: It’s very good. 

Richard adds the wood to the stove and takes a seat at the table next to Mildred.

Bernie can’t contain his smile. 

BERNIE COHEN (CONT’D) So I have some really... 

BERNIE COHEN: ...terrific news. The Supreme Court of the United States has agreed to hear our case. 

MILDRED: Oh! 
Mildred’s hands go to her face, ecstatic. 

PHIL HIRSCHKOP: Of course, the state of Virginia will mount their defense,

PHIL HIRSCKOP:...but we are feeling very good about our chances here. You’ve got the full weight of the ACLU behind this. 

MILDRED: It’s a miracle. 

Mildred grabs Richard’s hand. Richard has not moved, nor smiled. 

RICHARD: What’s their defense? 

BERNIE COHEN: I’m sorry? 
88. 

RICHARD: Virginia. 

RICHARD: How are they gonna defend what they done to us? 

BERNIE COHEN: I guess we won’t really know... 

BENIE COHEN: ...until the hearing, but it’s expected they’ll use a defense similar to something they’ve used before. 

RICHARD: And what’s that? 

Bernie looks to Phil. They realize they can’t avoid it. 

PHIL HIRSCHKOP: It’s your kids. 

RICHARD: Our kids? 

BERNIE COHEN: Yes. The state of Virginia will argue that it’s unfair to bring children of mixed race into the world. 

BERNIE COHEN: They believe they are bastards. 

Richard stares at Bernie on this point. It’s rare for him to make this much eye contact. 

Bernie looks down. 

After a moment, Bernie tries to pick things up. 

BERNIE COHEN (CONT’D) Now, as the defendants in this case, you both are allowed to come hear the arguments. 

RICHARD: No. 

RICHARD: We won’t need to do that. 

BERNIE COHEN: Well it’s a very big honor to sit in front of the Supreme Court. Very... 

BERNIE COHEN: ...few people... 
RICHARD: No. 

RICHARD: That’s fine. 

RICHARD: Scuse me. 

Richard stands and leaves the room. 

Bernie looks at Mildred, who just smiles. 
BERNIE COHEN: Mildred? 
89. 

MILDRED: I wouldn’t go without him. 

156 EXT. KING AND QUEEN COUNTY FARMHOUSE - DAY 156 

Richard stands on the porch smoking a cigarette. He looks out over the cold landscape. 

Bernie exits the house and takes a place on the steps. 

BERNIE COHEN: You know, Richard, it’s of course up to you not to attend, but you should know, the Supreme Court only hears maybe 1 out of 400 cases. 

BERNIE COHEN: It’s historic. 

RICHARD: Thank you Mr. Cohen. 

Bernie is stumped. 

BERNIE COHEN: Well. Is there anything you want me to tell them, and of course by them I mean the justices of the Supreme Court of the United States? 

Richard thinks on this for awhile. He nods. 

RICHARD: Yeah. 

RICHARD: Tell the judge, tell the judge I love my wife. 

This strikes Bernie. He understands Richard, possibly for the first time.

Loving

Words by Jeff Nichols

Pictures by Adam Stone and Jeff Nichols

Loving is available on DVD and Blu-Ray by Universal Pictures Home Entertainment.

 
* By the way, "Loving Day" is June 12th, the anniversary of that Supreme Court decision—I was going to say "landmark" Supreme Court decision, but decency of any kind should not be a "landmark"—it falls on a Friday this year, and is celebrated by many cities throughout the country and so I chose to do this "Don't Make a Scene" in February, the month of lovers. If it were up to me, Valentine's Day would be moved from February 14th to June 12th.