Antimiscegenation Laws

1
Antimiscegenation Laws

• From the Civil War to the Present
• (in a very brief nutshell)

2
Miscegenation

• The term comes from the Latin words miscere (to
  mix) and genus (race)
• Miscegenation is a positive term used to describe
  people who support interracial couples
• Antimiscegnation is for people who are against
  interracial couples

3
Institutions that Govern Marriage

• The state governs marriage
• It regulates who is allowed to marry
• It also regulates how a marriage can be dissolved
• Laws thus differ from state to state

4
After the Civil War

• The 14th amendment, the Civil Rights amendment,
  was ratified
• Controversy of whether states would retain
  control over sexual and marital intimacies
• Found that the 14th amendment did not impair the
  states authority regarding interracial sex and
  marriage
• Unanimous agreement that if it was applied
  equally to everyone, that it was constitutional

5
Loving v. Virginia

• In 1967 the Lovings sued the State of Virginia,
  saying that it was unconstitutional to prohibit
  interracial marriage
• The case went to the Supreme Court, where it was
  found that antimiscegenation laws were
  unconstitutional

6
Reasons for the Unconstitutionality of
Antimiscegenation Laws

• States were making obvious quotes of white
  supremacy by saying things like
• Preserving the racial integrity
• Preventing the Birth of Mongrel Citizens
• The states could not justify prohibition of
  interracial marriages through applying it equally
• This was so, because if it was applied equally,
  without looking at race, then everyone should be
  able to marry whom they choose
• It was not the states decision to decide whom one
  could love, and spend the rest of their lives with

7
After Loving

• Antimiscegenation laws were stricken from the
  books in many states
• Interracial Marriage increased Seven Fold from
  1960 to 1990
• Its difficult to know how much of a problem this
  was in the past, because people would not admit
  as much, for fear of prosecution
• Today, its not a highly researched topic