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We are now approaching the 31st year of the Loving decision and views on interracial marriage have improved. James Trosino, American Wedding: Same-Sex Marriage and the Miscegenation Analogy, 73 B. Virginia first enacted a statutory proscription of miscegenations marriage in 1691.10 Penalties were severe-the White partner in an interracial marriage was banished from the colony, and any child of the marriage was bound out by the church wardens until he/she reached the age of 30.11 There were many justifications to uphold the laws which stated that marriage between races were forbidden and criminal.
In 1991 a Gallop Poll found that, for the first time, more people in the United States approved of interracial marriages (48%) then disapproved (42%).6 Also the number of interracially married couples in the United States has gone from 150,000 couples in 1970 to 1.1 million in 1994 and the number of children born out of interracial marriages jumped from 460,300 in 1970 to 1.9 million in 1994.7 Furthermore, a Gallop Poll indicates acceptance for interracial marriages is growing. Three major justifications are explained by the author which are: White supremacy, protection of White womanhood, and the prevention of mixed race offspring.
Massachusetts becomes the second state to repeal its anti-miscegenation law, further cementing the distinction between northern and southern states on slavery and civil rights. The punishment of each offending person, whether white or black, is the same." More than a century later, opponents of same-sex marriage will resurrect the same argument in claiming that heterosexual-only marriage laws don't discriminate on the basis of sex since they technically punish men and women on equal terms.
The original 1705 ban, the third such law following those of Maryland and Virginia, prohibited both marriage and sexual relations between people of color (specifically, African Americans and American Indians) and whites. "That intermarriage between negroes or persons of color and Caucasians or any other character of persons within the United States or any territory under their jurisdiction, is forever prohibited; and the term 'negro or person of color,' as here employed, shall be held to mean any and all persons of African descent or having any trace of African or negro blood." Later theories of physical anthropology will suggest that every human being has some African ancestry, which could have rendered this amendment unenforceable had it passed. While most anti-miscegenation laws primarily targeted interracial marriages between whites and African Americans or whites and American Indians, the climate of anti-Asian xenophobia that defined the early decades of the 20th century meant that Asian Americans were also targeted.
Sixty-one percent of White Americans are more likely to approve of such marriages today, compared to 4% in 1958.8 In addition, according to the U. Census Bureau, one in fifty marriages are interracial which is four times the number compared to 1970.9 Interracial marriages can include the union of Asians, Hispanics, Blacks, Whites, and any other group. The third justification was based on popular belief that children of interracial marriages were mentally and physically inferior to pure White race children.12 These racist beliefs concerning the inferiority of mixed race children were not confined to the uneducated masses.
However, when people talk about race relations, the focus is on Blacks and Whites. The science of Eugenics also supported the belief that children produced from these interracial marriages were inferior.
Interracial marriage remains controversial in the Deep South, where a 2011 poll found that a plurality of Mississippi Republicans still supports anti-miscegenation laws.
When voters finally had the opportunity to remove the language, the outcome was surprisingly close: although 59 percent of voters supported removing the language, 41 percent favored keeping it.Celebrities like Tiger Woods may have changed society's views on interracial children, but are there more serious effects on these children than what is shown by Tiger Woods? Children of Interracial Marriages, Interracial Marriage: Expectations and Realities (1973). Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860's-1960's. Penalties were also set up for any probate judge who knowingly issued a marriage license to an interracial couple, and for any justice of the peace or minister of the gospel who performed a marriage ceremony for such a couple.15 This article goes on to show how the courts have adapted new law in both Alabama and Virginia as the political, legal, and constitutional environment determined how laws would be applied to interracial marriage. These time periods are where the history of the children born out of interracial marriages all began.These effects and the history of interracial marriages will be the focus of this annotated bibliography. "Only the Law Would Rule Between Us": Anti-miscegenation, the Moral Economy of Dependency, and the Debate Over Rights After the Civil War, 70 Chi.-Kent L. The time periods which are focused on are as follows: 1868-1877, 1877-1920's, 1920's-1940's, 1950's, and the 1960's with Loving v. In 1662, the question in front of the legislature was whether "children got by any Englishman upon a Negro woman should be free or slave."16 The solution was to look at the mother: if the non-white woman was free, her mixed-race child would be free; but if she was a slave, then any child she had would be a slave.American Wedding: Same-Sex Marriage and the Miscegenation Analogy, 73 B. Virginia, and the post script of both States after Loving. As time progressed, the laws changed, and interracial marriages were not banned, but rather, the law mandated banishment forever of the White party to any interracial marriage that occurred, if free, within three months after such marriage.17 If the child was a "bastard child" born from a couple not going through the wedding ceremony, the child was taken by the warden of the church in the parish and bound to be a servant until he or she attained the age of 30.18 After 1691, the legislature reduced the percent of African American ancestry a person had to have in them to be defined as the mixed-race.With the new laws, more people were fined, the penalties were higher, and now the bastard child would be bound as a servant until the age of 31. The author starts out this article by stating there is no better place to examine prohibitions on interracial sex and marriage as Virginia.