Los Angeles Times

Attorney won landmark case

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Bernard S. Cohen, who successful­ly fought laws against interracia­l marriage and became a lawmaker, was 86.

Bernard S. Cohen, who won a landmark case that led to the U. S. Supreme Court’s rejection of laws forbidding interracia­l marriage and later went on to a successful political career as a state legislator, has died. He was 86.

Cohen and legal colleague Phil Hirschkop represente­d Richard and Mildred Loving, a white man and Black woman who were convicted in Virginia in 1959 of illegally cohabiting as man and wife and ordered to leave the state for 25 years.

Cohen and Hirschkop represente­d the Lovings as they sought to have their conviction overturned. It resulted in the Supreme Court’s unanimous 1967 Loving vs. Virginia ruling, which declared anti- miscegenat­ion laws unconstitu­tional.

Cohen died Monday of complicati­ons from Parkinson’s disease at his home in Fredericks­burg, Va., his son, Bennett Cohen, said.

Bernard Cohen had a great sense of humor and liked to ride motorcycle­s and f ly planes, his son said.

“He was a bit of a risk taker, and I guess that’s in line with the risks he took in his younger profession­al life,” Bennett Cohen said.

Bernard Cohen and Hirschkop were ACLU volunteer attorneys only a few years out of law school when they took on the case. Mildred Loving was referred to the ACLU by Atty. Gen. Robert Kennedy, to whom she had written seeking assistance.

“We would pinch ourselves and say, ‘ Do we realize what we’re doing?’ We’re handling one of the most important constituti­onal law cases ever to come before the court,” Cohen said in an HBO documentar­y.

After the landmark case, Cohen continued a legal career and veered into politics. He was elected to the House of Delegates in Virginia in 1979, representi­ng the Alexandria area and serving eight terms.

During a 16- year career in the state House of Delegates, Cohen ran as “an unabashed liberal” and reveled in introducin­g controvers­ial legislatio­n. In 1983, he sponsored a resolution in favor of a nuclear freeze that won passage in the House but stalled in the Senate after a Reagan administra­tion official testified against it.

He successful­ly advocated legislatio­n banning smoking in public places in an era when the tobacco industry was a political powerhouse in Richmond.

Brian Moran, who succeeded Cohen in the legislatur­e and is now Virginia’s secretary of public safety and homeland security, said Cohen retired in 1995 because he had grown weary of campaignin­g — arthritis made shaking hands painful, and he’d come to loathe door- knocking after getting attacked by a dog.

The Loving case had a resurgence in public interest in the last decade. People saw parallels between the case and the debate over same- sex marriages.

Bennett Cohen noted that on Monday, vice presidenti­al nominee Kamala Harris talked about the Loving case during the Supreme Court confirmati­on hearings for Amy Coney Barrett.

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