The U.S. Supreme Court decision of Loving v. Virginia (388 U.S. 1, argued on April 10, 1967, and decided June 12, 1967) unanimously held that Virginia's "Racial Integrity Act of 1924," which forbade marriage between people of different races, was unconstitutional. This decision therefore effectively voided all such laws in other states as well (at the time, interracial marriage was still illegal in at least 15 other states) and was used as precedent in Obergefell v. Hodges, the 2015 Supreme Court decision that likewise declared all laws banning same-sex marriage to be unconstitutional.
Mildred Delores Jeter Loving's 2008 New York Times obituary reported that her ancestry was both part African American and part Native American on both sides: Rappahannock on her maternal side; Cherokee on her father's. The obituary also said that she preferred to self-identify as Native American rather than African American.
The production filmed outside the actual Virginia jail where the couple had been incarcerated, and inside the actual courthouse where they had pleaded guilty to the 'crime' of being married.
Director Jeff Nichols was able to tell the story of the Loving family as accurately as possible by relying on Nancy Buirski's documentary The Loving Story (2011), which captured many details of their private lives: "We had this beautiful documentary footage unearthed from the mid-'60s where we got to go into their home and see them and watch them," Nichols said. Because much of the dialogue actually comes straight from the documentary, the Writer's Branch of the AMPAS determined that Loving (2016) should compete in the 'Adapted Screenplay' category of the Academy Awards. 
Received a standing ovation at its premiere at the Cannes Film Festival in May 2016.
First feature film to be officially screened at the Smithsonian Institution's "National Museum of African American History and Culture" in Washington D.C. (Oprah Winfrey Theater / 24 October 2016).
Before their 1967 Supreme Court victory, Mildred and Richard Loving had two years earlier lost a lower-court appeal of their conviction for violating the Virginia law against interracial marriage. The judge who refused to vacate that conviction, Caroline County Circuit Court Judge Leon M. Bazile, wrote in his decision that "almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his [arrangement] there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix."
Focus Features acquired the distribution rights for the film, upon seeing some assembled footage, at the European Film Market with a deal close to $9 million.
The props crew visited antique shops in Hopewell, VA, like The Carousel, and rented the furniture for the house. They purposefully asked for furniture old, unfinished and re-purposed them for their sets.
Partly shot in Hopewell, VA and in Ashland, VA on a farm. Parts of Richmond, VA were used for the Washington, DC scene.
In the course of her research for Mildred, Ruth Negga sourced Nancy Buirski's documentary The Loving Story (2011).
Michael Shannon and Joel Edgerton previously worked together in Midnight Special with director Jeff Nichols.
Marks the second film both Marton Csokas and Michael Shannon have worked on. Their first film together is Kangaroo Jack (2003).
"Garnet" was the first name of Mildred Loving's sister, and although spelled differently, the last name of the Sheriff of Caroline County, Brooke Garnett, who arrested Mildred and Richard Loving.
One of the credited producers, Colin Firth, P.G.A. (Producers' Guild of America) is the same Colin Firth who is much better known as an actor in such productions as Pride and Prejudice, Shakespeare in Love, Bridget Jones's Diary, A Single Man, and The King's Speech. In November 2016, Firth gave an interview to Entertainment Weekly in which he said that he first became acquainted with the Lovings' story in 2009 while filming a movie in Durham, North Carolina. Firth met Nancy Burski, who was preparing to make her documentary The Loving Story, and he became interested in making a feature film out of their story. He considered writing and/or directing such a movie himself but instead took on a producer's role and hired Jeff Nichols to proceed as the writer and director for the project.