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More specifically it will focus on how these marriages have affected the children throughout history and the effects interracial marriages have on children.The Supreme Court case, which directly speaks to this topic, is Loving v. In 1958 Richard Loving and Mildred Jeter married in Washington, D. and returned to Virginia together as husband and wife. The problem arose in that since 1961 Virginia banned interracial marriages.In addition, the reader should have a better understanding of the history of interracial marriages. Children in Interracial Homes, Marriage Across the Color Line (1965). Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 Geo. Even though this article is used as a comparison between interracial and same-sex marriages, it gives a vivid history of interracial marriages and how the children of these marriages were viewed by society. First, the author talks about the origins of laws against interracial marriages in Alabama.Children from interracial marriages are no longer denied the same benefits and privileges as the children prior to Loving. Children of Black and White Marriages, Black and White Mixed Marriages (1978). Peter Wallenstein, Race, Marriage, and the Law of Freedom: Alabama and Virginia, 1860's-1960's, 70 Chi.-Kent L. The Alabama Constitution of 1865 directed the legislature to make interracial marriages between White and people of African ancestry "null and void and make the parties to any such marriage subject to criminal prosecutions."14 The legislature established a penalty of 2-7 years imprisonment for both member of any interracial couple. This bibliography will focus on the additional time periods from 1660-1690, and 1690-1770 (the history basically holds true for both Virginia and Alabama).
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.
The article does an excellent job of laying out the history of interracial marriages, the politics, laws, and court systems behind such marriages, and how the law viewed mixed race children. Leon Higginbotham, Jr., Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 Geo. The author states there are two basic concerns which lead to the laws on interracial sex and marriage: maintenance of a clear boundary line in a society that was based on slavery; the protection of involuntary interracial sex (rape).21 A statutory definition of race arose because of one essential factor-how should the mixed race offspring of these couples be classified.
With classification, people were given certain rights and privileges.
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.