In the United States, anti-miscegenation laws also known as miscegenation laws were state laws Interracial slave couple by individual states to prohibit miscegenationnowadays more commonly referred to as interracial marriage and interracial sex. Anti-miscegenation laws were a part of American law in some States since before the United States was established and remained so until ruled Interracial slave couple in by the U.
Supreme Court in Loving v. The term miscegenation was first used induring the American Civil Warby American journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery. Typically defining miscegenation as a felonythese laws prohibited the solemnization of weddings between persons of different races and prohibited the officiating of such ceremonies.
Interracial slave couple, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of adultery or fornication would be brought against them instead. All anti-miscegenation laws banned the marriage of whites and non-white groups, primarily blacks, but often also Native Americans and Asians. In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites.
In addition, the state of Oklahoma in banned marriage "between a person of African descent" and "any person not of African descent"; Louisiana in banned marriage between Native Americans and African Americans and from —, concubinage as well ; and Maryland in banned marriages between blacks and Filipinos.
Although anti-miscegenation amendments were proposed in United States Congress in— and  a nationwide law against racially mixed marriages was never enacted. Prior to the California Supreme Interracial slave couple ruling in Perez v. SharpInterracial slave couple court in the United States had ever struck down a ban on interracial marriage.
Virginia that anti-miscegenation laws are unconstitutional. The first laws criminalizing marriage and sex between whites and non whites were enacted in the colonial era in the English colonies of Virginia and Marylandwhich depended economically on unpaid labor such as slavery. At first, in the s, the first laws in Virginia and Maryland regulating marriage between whites and blacks only pertained to the marriages of whites with black and mulatto slaves and indentured servants.
InMaryland enacted a law which criminalized Interracial slave couple marriages—the marriage of Irish-born Nell Butler to an African slave was an early example of the application of this law. Virginia was the first English colony in North America to pass a law forbidding free blacks and whites to intermarry, followed by Maryland in This was the first time in American history that a law was invented that restricted access to marriage partners solely on the basis of "race", not class or condition of Interracial slave couple.
Moreover, after the independence of the United States had been established, similar laws were enacted in territories and states which outlawed slavery. A sizable number of Interracial slave couple early indentured servants in the British American colonies were brought over from the Interracial slave couple subcontinent by the British East India Company.
Daswas stripped of her American citizenship for her marriage to an " alien ineligible for citizenship. Singh married the sixteen-year-old daughter of one of his white tenants. Inthe French government issued a special Code Noir restricted to Louisianawhich banned the marriage of Catholics Interracial slave couple non-Catholics in that colony.
The situation of the children free Interracial slave couple slave followed the situation of the mother. Inthree years after the U.
It has been argued [ by whom? The bans in Virginia and Maryland were established at a time when slavery was not yet fully institutionalized.
At the time, most forced laborers on the plantations were indentured servants, and they were mostly European. Some historians have suggested that the at-the-time unprecedented laws banning "interracial" marriage were originally invented by planters as a divide-and-rule tactic after the uprising of European and African indentured servants in cases such as Bacon's Rebellion. According to this theory, the ban on interracial marriage was issued to Interracial slave couple up the ethnically mixed, increasingly "mixed-race" labor force into "whites," who were given their freedom, and "blacks," who were later treated as slaves rather than as indentured servants.
By outlawing "interracial" marriage, it became possible to keep these two new groups separated and prevent a new rebellion. Inseven out of the Thirteen Colonies Interracial slave couple declared their independence Interracial slave couple laws against interracial marriage. Although slavery was gradually abolished in the North after independence, this at first had little impact on the enforcement Interracial slave couple anti-miscegenation laws.
An exception was Pennsylvaniawhich repealed its anti-miscegenation law intogether with some of the other restrictions placed on free blacks, when it enacted a bill for the gradual abolition of slavery in the state.
The Quaker planter and slave trader Zephaniah Kingsley, Jr. These views were tolerated in Spanish Floridawhere free people of color had rights and could own and inherit property.
After Florida became a U. For the radical abolitionists who organized to oppose slavery in the s, laws banning interracial marriage Interracial slave couple the same racial prejudice that they saw at the Interracial slave couple of slavery. Abolitionist leader William Lloyd Garrison took aim at Massachusetts' legal ban on interracial marriage as early as Anti-abolitionists defended the measure as necessary to prevent racial amalgamation and to maintain the Bay State's proper racial and moral order.
Abolitionists, however, objected that the law, because it "distinguished between 'citizens on account of complexion,'" violated the broad egalitarian tenets of Christianity and republicanism as well as the state constitution's promise of equality. Beginning in the late s, abolitionists began a several-year petition campaign that prompted the legislature to repeal the measure in Their efforts—both tactically and intellectually—constituted a foundational moment in the era's burgeoning minority-rights politics, which would continue to expand into the twentieth century.
As the US expanded, however, all the new slave states as well as many new free states such as Illinois  and California  enacted such laws.
Arkansas, Florida, Louisiana, Mississippi, Texas, South Carolina and Alabama legalized interracial marriage for some years during the Reconstruction period. Anti-miscegenation laws rested unenforced, were Interracial slave couple by courts or repealed by the state government in Arkansas  and Louisiana .
However, after white Democrats took power in the South during " Redemption ", anti-miscegenation laws were re-enacted and once more enforced, and in addition Jim Crow laws were enacted in the South which also enforced other forms of racial segregation. A number of northern and western states permanently repealed their anti-miscegenation laws during the 19th Interracial slave couple.
This, however, did little to halt anti-miscegenation sentiments in the rest of the country. Newly established western states continued to enact laws banning interracial marriage in the late 19th and early 20th centuries.
Between and30 out of the then 48 states enforced anti-miscegenation laws. At least three proposed constitutional amendments intended to bar interracial marriage in the United States were introduced in Congress. InRepresentative Andrew Interracial slave couple Democrat Interracial slave couple Missouri was the first politician in Congress to propose a constitutional amendment to make interracial marriage illegal nationwide.
King proposed this amendment because he predicted correctly, as the case of Loving v.
Virginia later demonstrated that the Fourteenth Amendmentratified in to give equal civil rights to the emancipated ex-slaves the Freedmen as part of the process of Reconstructionwould render laws against interracial marriage unconstitutional. In December and JanuaryRepresentative Seaborn Roddenbery Democrat Interracial slave couple Georgia again introduced a proposal in the House of Representatives to insert Interracial slave couple prohibition of miscegenation into the US Constitution and thus create a nationwide ban on interracial marriage.
According to the wording of the proposed amendment, "Intermarriage between negros or persons of color and Caucasians In his proposed amendment, anyone with "any trace of African or Negro blood" was banned from marrying a white spouse. Roddenbery's proposed amendment was also a direct reaction to African American heavyweight champion Jack Johnson 's marriages to white women, first to Etta Duryea and then to Lucille Cameron.
InJohnson had become the first black boxing world champion, having beaten Tommy Burns. After his victory, the search was on for a white boxer, a "Great White Hope", to beat Johnson.
Those hopes were dashed inwhen Johnson beat former world champion Jim Jeffries. This victory ignited race riots all over America as frustrated whites attacked celebrating African Americans. In his speech introducing his bill before the United States CongressRoddenbery compared the marriage of Johnson and Cameron to the enslavement of white women, and warned of future civil war that would ensue if Interracial slave couple marriage was not made illegal nationwide:.
No brutality, no infamy, no degradation in all the years of southern slavery, possessed such villainous character and such atrocious qualities as the provision of the laws of Illinois, Massachusetts, and other states which allow the marriage of the negro, Jack Johnson, to a woman of Caucasian strain. Gentleman, I offer this resolution Intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit.
It Interracial slave couple abhorrent and repugnant to the very principles of Saxon government. It is subversive of social peace. It is destructive of moral supremacy, and ultimately this slavery of white women to black beasts will bring Interracial slave couple nation a conflict as fatal as ever reddened the soil of Virginia or crimsoned the mountain paths of Pennsylvania. Let us uproot and exterminate now this debasing, ultra-demoralizing, un-American and inhuman leprosy.
Spurred on by Roddenbery's introduction of the anti-miscegenation amendment, politicians in many of the 19 states lacking anti-miscegenation laws proposed their enactment.
Inthe Commonwealth of Massachusettswhich had abolished its anti-miscegenation law inenacted a measure not repealed until  that prevented couples who could not marry in their Interracial slave couple state from marrying in Massachusetts. InSenator Coleman Blease Democrat of South Carolina proposed an amendment that went beyond the previous ones, requiring that Congress set a punishment for interracial couples attempting to get married and for people Interracial slave couple an interracial marriage.
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This amendment was also never enacted. The constitutionality of anti-miscegenation laws was upheld by the U. Supreme Court in the case Pace v. According to the court, both races were treated equally, because whites and blacks were punished in equal measure for breaking the law against interracial marriage and interracial sex.
Interracial slave couple judgment was overturned in in the Loving v. Virginia case, where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore Interracial slave couple. The constitutionality of anti-miscegenation laws Interracial slave couple began to be widely called into question after World War II.
Inthe California Supreme Court in Perez v.