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Introduction - Loving v. Virginia in a Post-Racial World

Rethinking Race, Sex and Marriage

Published online by Cambridge University Press:  05 July 2012

Kevin Noble Maillard
Affiliation:
Syracuse University, School of Law
Rose Cuison Villazor
Affiliation:
Hofstra University, School of Law
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Summary

On June 16, 1967, the U.S. Supreme Court unanimously ruled that state laws prohibiting interracial marriage were unconstitutional. In this landmark case, Loving v. Virginia, the Court championed the rightful place of Fourteenth Amendment guarantees of equal protection and due process in the realm of marriage and family. As a result of the Court’s opinion, petitioners Richard Loving, a White man, and Mildred Jeter, a woman of color, could finally live in Virginia as a legally married couple. No longer would they – and other interracial couples who wanted to marry – be subject to the discriminatory regulations of the state that sought to maintain and police racial boundaries.

For most of American history, law not only placed restrictions on the selection of a marital partner, but also forged a collective definition of the legitimate family. At most, forty-one states enacted laws preventing interracial marriage, with the majority of jurisdictions banning Black-White unions. In a minority of other states, intermarriages between Whites and Asians, Latinos/as, or Native Americans were also prohibited. Racial classifications differed from state to state, thus allowing a “Black” person to cross state lines to find themselves categorized differently according to their blood quantum.

Type
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Loving v. Virginia in a Post-Racial World
Rethinking Race, Sex, and Marriage
, pp. 1 - 10
Publisher: Cambridge University Press
Print publication year: 2012

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References

Pascoe, PeggyMiscegenation Law, Court Cases, and Ideologies of “Race” in Twentieth-Century America 83 J. Am. Hist.44 1996CrossRefGoogle Scholar
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Maillard, Kevin NobleMcDonald, JanisThe Anatomy of Grey: a Theory of Interracial Convergence 26 Law & Ineq.305 2008Google Scholar
Maillard, Kevin NobleThe Pocahontas Exception: The Exemption of American Indians from Racial Purity Laws 12 Mich. J. Race & L.351 2007Google Scholar
2007
1994 http://www.census.gov/population/socdemo/race/interractab1.txt
2009 http://transcripts.cnn.com/TRANSCRIPTS/0910/19/ltm.02.html
1954
2006
2007
Lenhardt, R. A.Beyond Analogy: Perez v. Sharp, Antimiscegenation Law, and the Fight for Same-Sex Marriage 96 Cal. L. Rev839 2008Google Scholar

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