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Let's Kick back, smoke blunts, and vent about shit What makes me unique? Between and , 30 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. In , Representative Andrew King Democrat of 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 Amendment , ratified in to give equal civil rights to the emancipated ex-slaves the Freedmen as part of the process of Reconstruction , would render laws against interracial marriage unconstitutional.
In December and January , Representative Seaborn Roddenbery Democrat of Georgia again introduced a proposal in the House of Representatives to insert a 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. In , Johnson 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 in , when 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 Congress , Roddenbery compared the marriage of Johnson and Cameron to the enslavement of white women, and warned of future civil war that would ensue if interracial 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 is 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 this 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. In , the Commonwealth of Massachusetts , which had abolished its anti-miscegenation law in , enacted a measure not repealed until [23] that prevented couples who could not marry in their home state from marrying in Massachusetts.
In , Senator 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 officiating an interracial marriage. 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.
This 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 unconstitutional. The constitutionality of anti-miscegenation laws only began to be widely called into question after World War II. In , the California Supreme Court in Perez v.
Sharp ruled that the Californian anti-miscegenation statute violated the Fourteenth Amendment to the United States Constitution and was therefore unconstitutional. This was the first time since Reconstruction that a state court declared an anti-miscegenation law unconstitutional, and California was the first state since Ohio in to repeal its anti-miscegenation law.
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As a result, during the s, anti-miscegenation laws were repealed or overturned in state after state, except in the South. Nonetheless, in the s, the repeal of anti-miscegenation laws was still a controversial issue in the U. In , the political theorist Hannah Arendt , a Jewish refugee from Nazi Germany, [25] who escaped from Europe during the Holocaust , wrote in an essay in response to the Little Rock Crisis , the Civil Rights struggle for the racial integration of public schools which took place in Little Rock, Arkansas in , that anti-miscegenation laws were an even deeper injustice than the racial segregation of public schools.
The free choice of a spouse, she argued in Reflections on Little Rock , was "an elementary human right": Commenting on the Supreme Court's ruling in Brown v. Board of Education of Topeka against de jure racial segregation in education, Arendt argued that anti-miscegenation laws were more basic to racial segregation than racial segregation in education.
Arendt's analysis of the centrality of laws against interracial marriage to white supremacy echoed the conclusions of Gunnar Myrdal. In his essay Social Trends in America and Strategic Approaches to the Negro Problem , Myrdal ranked the social areas where restrictions were imposed by Southern whites on the freedom of African-Americans through racial segregation from the least to the most important: This ranking was indeed reflective of the way in which the barriers against desegregation fell under the pressure of the protests of the emerging Civil Rights Movement.
First, legal segregation in the army, in education and in basic public services fell, then restrictions on the voting rights of African-Americans were lifted. These victories were ensured by the Civil Rights Act of But the bans on interracial marriage were the last to go, in Most white Americans in the s were opposed to interracial marriage and did not see laws banning interracial marriage as an affront to the principles of American democracy. A Gallup poll showed that 94 percent of white Americans disapproved of interracial marriage. By the s, civil rights organizations were helping interracial couples who were being penalized for their relationships to take their cases to the Supreme Court.
Alabama , the court had declined to make a judgment in such cases. But in , the Warren Court decided to issue a ruling in the case of an interracial couple from Florida who had been convicted because they had cohabited. Florida , the Supreme Court ruled that the Florida state law which prohibited cohabitation between whites and non-whites was unconstitutional and based solely on a policy of racial discrimination.
However, the court did not rule on Florida's ban on marriage between whites and non-whites, despite the appeal of the plaintiffs to do so and the argument made by the state of Florida that its ban on cohabitation between whites and blacks was ancillary to its ban on marriage between whites and blacks. However, in , the court did decide to rule on the remaining anti-miscegenation laws when it was presented with the case of Loving v. All bans on interracial marriage were lifted only after an interracial couple from Virginia, Richard and Mildred Loving, began a legal battle in for the repeal of the anti-miscegenation law which prevented them from living as a couple in their home state of Virginia.
Having returned to Virginia, they were arrested in their bedroom for living together as an interracial couple. The judge suspended their sentence on the condition that the Lovings leave Virginia and not return for 25 years. In , the Lovings, who had moved to Washington, D.