Never in a rush to get to its well-known conclusion, Jeff Nichols’s Loving builds to a serene but emotionally devastating final scene capping this story about an unassuming couple’s historic Supreme Court battle.
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Running time: 120 minutes
In the opening scene, she tells him she is pregnant. This is the Commonwealth of Virginia in 1958, and they are not yet married, but the news visibly tugs at his heart. These two rarely show any emotion beyond a look of love or fear, but their feelings for each other are never a mystery.
They are Richard and Mildred, and their marriage defied Virginia’s anti-miscegenation law. After spending years raising their children and waiting for the issue to wind its way through the justice system, they finally saw it reach the United States Supreme Court, which would go on to decide the landmark case of Loving v. Virginia in their favour.
Richard being white and Mildred being black, they were allowed to get married in the District of Columbia, which had never enacted any laws against interracial marriages. However, upon returning home to their town in northeast Virginia, they were arrested for unlawfully co-habitating in violation of the state’s Racial Integrity Act of 1924.
Director Jeff Nichols gives subtle hints to the notion that many whites in power at the time saw Richard and Mildred as two people engaging in abominable activity, and that Richard was somehow tarnishing his own race. This idea was commonplace at the time, and one need look no further than the laws in the Southern states at the time, which only prohibited whites from marrying other races but had no problem with non-white races marrying each other.
But despite all the legal restrictions on their love, the couple, portrayed in the film by (non-Americans) Joel Edgerton and Ruth Negga, keeps their heads down and does their best to make a good home for their children. After a judge rules that they are not allowed to be in Virginia at the same time for the next 25 years, they move to a small apartment in a low-income Washington, D.C., neighbourhood. Richard works on construction projects, while his wife takes care of the growing family at home.
But Mildred misses her family back home and the wide open spaces of rural Virginia where she wants her boys and girl to run around without fear of getting run over by a car or being assaulted by a random stranger in the street. Inspired by the March on Washington in the summer of 1963, she writes a letter to Robert Kennedy, at the time serving as the country’s attorney general, asking for help with their situation. Surprisingly, she gets a phone call from a lawyer at the ACLU who figures this case could ultimately lead to a nationwide repeal of anti-miscegenation laws.
There are only a few points on which the film commits a serious lapse in judgement. Cast in the role of the lawyer, Bernard S. Cohen, is comedian Nick Kroll, who, even in the most somber of circumstances, appears to be on the verge of bursting out laughing. His first appearance in the film is also played for laughs, but Kroll’s brand of comedy, which usually involves him staring awkwardly at someone when his character is in an uncomfortable situation, is the wrong fit for this story and alienates the viewer. This performance is particularly grating given the subdued emotional tone projected by the two leads.
Nichols makes another miscalculation during oral argument at the Supreme Court. While he decides not to show the faces of the justices, he does use the original audio from Chief Justice Earl Warren’s introduction of the case to remind us of the real-world provenance of the story. And yet, he uses Kroll and his voice, as well as Jon Bass, who plays fellow attorney Philip Hirschkop, to address the justices. Had Nichols used the original audio, this scene would have played much better for numerous reasons, not least of which is that Kroll’s performance consistently seeks to convey farce instead of solemnity.
Another moment that appears to belong to a different film results from parallel editing that seeks to heighten the tension in the cheapest of ways: by alternating between tension at work (a heavy bag of cement drops from a great height) and the seemingly carefree adventures of boys running through the neighbourhood streets. The violent climax of the scene is no surprise but wholly unbecoming of Loving‘s generally restrained approach to telling its story.
On the whole, however, the film’s various components – long as they sometimes take to come into view – all fit very tightly together to tell this historic tale of quiet resistance against entrenched injustice. The story of an unassuming couple just seeking to be accepted for being what and feeling how their surname says is told with compassion and focus. And by the time we reach the peaceful final scene and its promise of a future rooted in the soil of Virginia, it is near impossible to keep the tears from flowing.