Bernard S. Cohen

Bernard S. Cohen
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Name	Bernard S. Cohen
Birth date	17 January 1934
Birth place	New York City, New York, U.S.
Death date	12 October 2021
Death place	Alexandria, Virginia, U.S.
Alma mater	City College of New York (BA), Georgetown University Law Center (LLB)
Occupation	Lawyer, politician
Known for	Co-counsel in Loving v. Virginia
Party	Democratic
Office	Member of the Virginia House of Delegates
Term start	1980
Term end	1982
Constituency	45th district, Alexandria

Bernard S. Cohen. Bernard S. Cohen was an American civil rights attorney and politician best known for serving as co-counsel for the plaintiffs in the landmark 1967 U.S. Supreme Court case Loving v. Virginia, which struck down state laws prohibiting interracial marriage. His legal advocacy was a pivotal victory in the broader Civil Rights Movement, establishing marriage as a fundamental right and dismantling a cornerstone of institutional racism in the United States.

Early Life and Education

Bernard Stephen Cohen was born on January 17, 1934, in New York City. He was raised in a Jewish family in the Washington Heights neighborhood, an experience that later informed his commitment to social justice and opposition to racial discrimination. He attended City College of New York, graduating with a Bachelor of Arts degree. Cohen then pursued his legal education at the Georgetown University Law Center in Washington, D.C., earning his Bachelor of Laws (LL.B.) degree. His time in the nation's capital during the nascent years of the modern Civil Rights Movement deeply influenced his career trajectory toward public interest law.

Legal Career and Civil Rights Advocacy

After law school, Cohen moved to Alexandria, Virginia, where he began practicing law. He quickly became involved in civil liberties cases, often taking on clients who could not afford representation. In 1963, he began working with the American Civil Liberties Union (ACLU), specifically with its newly formed Virginia affiliate. Through this work, he focused on challenging Jim Crow laws and other forms of legalized segregation in the state. His early cases often dealt with school desegregation, voting rights, and defending civil rights activists, which established his reputation as a dedicated and skilled advocate for racial equality.

Role in Loving v. Virginia

Cohen's most defining professional moment came in 1966 when he, alongside attorney Philip J. Hirschkop, agreed to represent Richard and Mildred Loving, an interracial couple from Caroline County, Virginia. The Lovings had been convicted in 1959 under Virginia's Racial Integrity Act of 1924, which criminalized marriage between a white person and a person of color. Cohen and Hirschkop took the case, *Loving v. Virginia*, pro bono, first appealing to the Virginia Supreme Court and then to the U.S. Supreme Court.

Cohen presented the oral argument before the Supreme Court on April 10, 1967. In a famous and poignant moment, he read a statement from Richard Loving: "Tell the Court I love my wife, and it is just unfair that I can't live with her in Virginia." Cohen's legal strategy forcefully argued that the Virginia law violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. On June 12, 1967, the Court unanimously ruled in favor of the Lovings, declaring anti-miscegenation statutes unconstitutional. Chief Justice Earl Warren authored the historic opinion, which stated that "the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."

Impact on Marriage Equality and Civil Rights Law

The *Loving* decision was a monumental legal and cultural victory. It immediately invalidated anti-miscegenation laws in the 16 states that still enforced them, removing a profound legal barrier to interracial relationships. The ruling established a critical precedent by recognizing marriage as a "fundamental right" essential to "ordered liberty," a principle that would be cited in later landmark cases. Decades later, the logic and language of the *Loving* opinion became a cornerstone for the legal arguments in Obergefell v. Hodges (2015), which guaranteed the right to same-sex marriage nationwide. Thus, Cohen's work laid essential groundwork for the expansion of LGBT rights in the United States and the ongoing struggle for marriage equality.

Later Career and Public Service

Following his success in *Loving*, Cohen continued his legal practice in Alexandria, often focusing on civil rights and family law. He also entered politics, serving as a member of the Virginia House of Delegates from 1980 to 1982, representing the 45th district. As a Democratic delegate, he advocated for progressive legislation. After his term, he returned to his law firm, Cohen, Hirschkop & Associates, P.C., where he practiced until his retirement. He remained a respected figure, frequently speaking about the *Loving* case and its enduring legacy.

Legacy and Recognition

Bernard S. Cohen died on October 12, 2021, in Alexandria, Virginia. His legacy is inextricably linked to one of the most important civil rights rulings of the 20th century. *Loving v. Virginia|Loving v. He and Philip J. Cohen and his colleague's work and the case is celebrated annually on Loving Day and the case is celebrated annually on Loving Day and the United States|United States. The case is celebrated annually on Loving Day (June 12), a day celebrating the anniversary of the United States. The case is a|Loving Day (June 0, 1967, the Court unanimously ruled in favor of the Lovings, declaring anti-miscegenation and the Court unanimously ruled in Virginia* and civil rights.