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Anti-miscegenation laws in the United States

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Anti-miscegenation laws in the United States

In the United States, many U.S. states historically had anti-miscegenation laws which prohibited interracial marriage and, in some states, interracial sexual relations. Some of these laws predated the establishment of the United States, and some dated to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted anti-miscegenation laws, and 25 states had repealed their laws by 1967. In that year, the U.S. Supreme Court ruled in Loving v. Virginia that such laws are unconstitutional under the Fourteenth Amendment to the U.S. Constitution. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery. Typically defining mixed-race marriages or sexual relations as a felony, these laws also prohibited the issuance of marriage licenses and the solemnization of weddings between mixed-race couples and prohibited the officiation of such ceremonies. Sometimes, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of adultery or fornication would be brought against them instead. All anti-miscegenation laws banned marriage between whites and non-white groups, primarily black people, but often also Native Americans and Asian Americans. In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites. In addition, Oklahoma in 1908 banned marriage "between a person of African descent" and "any person not of African descent"; Louisiana in 1920 banned marriage between Native Americans and African Americans (and from 1920 to 1942, concubinage as well); and Maryland in 1935 banned marriages between black people and Filipinos. While anti-miscegenation laws are often regarded as a Southern phenomenon, most states of the Western United States and the Great Plains also enacted them. Although anti-miscegenation amendments were proposed in the United States Congress in 1871, 1912–1913, and 1928, a nationwide law against mixed-race marriages was never enacted. Prior to the California Supreme Court's ruling in Perez v. Sharp (1948), no court in the United States had ever struck down a ban on interracial marriage. In 1967, the United States Supreme Court (the Warren Court) unanimously ruled in Loving v. Virginia that anti-miscegenation laws are unconstitutional. After Loving, the remaining state anti-miscegenation laws were repealed; the last state to repeal its laws against interracial marriage was Alabama in 2000.

Tables

· Summary › Anti-miscegenation laws repealed through 1887
Illinois
Illinois
State
Illinois
First law passed
1829
Law repealed
1874
Races white people were banned from marrying
Blacks
Iowa
Iowa
State
Iowa
First law passed
1839
Law repealed
1851
Races white people were banned from marrying
Blacks
Note
Not formally repealed; rather, the legislature quietly left that Territorial provision out of its first "Code of Iowa" (1851) after it became a state.
Kansas
Kansas
State
Kansas
First law passed
1855
Law repealed
1859
Races white people were banned from marrying
Blacks
Note
Law repealed before reaching statehood
Maine
Maine
State
Maine
First law passed
1821
Law repealed
1883
Races white people were banned from marrying
Blacks, Native Americans
Massachusetts
Massachusetts
State
Massachusetts
First law passed
1705
Law repealed
1843
Races white people were banned from marrying
Black, Native Americans
Note
Passed the 1913 law preventing out-of-state couples from circumventing their home-state anti-miscegenation laws, which itself was repealed on July 31, 2008
Michigan
Michigan
State
Michigan
First law passed
1838
Law repealed
1883
Races white people were banned from marrying
Blacks
New Mexico
New Mexico
State
New Mexico
First law passed
1857
Law repealed
1866
Races white people were banned from marrying
Blacks
Note
Law repealed before reaching statehood
Ohio
Ohio
State
Ohio
First law passed
1861
Law repealed
1887
Races white people were banned from marrying
Blacks
Note
Last state to repeal its anti-miscegenation law before California did so in 1948
Pennsylvania
Pennsylvania
State
Pennsylvania
First law passed
1725
Law repealed
1780
Races white people were banned from marrying
Blacks
Rhode Island
Rhode Island
State
Rhode Island
First law passed
1798
Law repealed
1881
Races white people were banned from marrying
Blacks, Native Americans
Washington
Washington
State
Washington
First law passed
1855
Law repealed
1868
Races white people were banned from marrying
Blacks, Native Americans
Note
Law repealed before reaching statehood
State
First law passed
Law repealed
Races white people were banned from marrying
Note
Illinois
1829
1874
Blacks
Iowa
1839
1851
Blacks
Not formally repealed; rather, the legislature quietly left that Territorial provision out of its first "Code of Iowa" (1851) after it became a state.
Kansas
1855
1859
Blacks
Law repealed before reaching statehood
Maine
1821
1883
Blacks, Native Americans
Massachusetts
1705
1843
Black, Native Americans
Passed the 1913 law preventing out-of-state couples from circumventing their home-state anti-miscegenation laws, which itself was repealed on July 31, 2008
Michigan
1838
1883
Blacks
New Mexico
1857
1866
Blacks
Law repealed before reaching statehood
Ohio
1861
1887
Blacks
Last state to repeal its anti-miscegenation law before California did so in 1948
Pennsylvania
1725
1780
Blacks
Rhode Island
1798
1881
Blacks, Native Americans
Washington
1855
1868
Blacks, Native Americans
Law repealed before reaching statehood
· Summary › Anti-miscegenation laws repealed 1948–1967
Arizona
Arizona
State
Arizona
First law passed
1865
Law repealed
1962
Races white people were banned from marrying
Blacks, Asians, Filipinos, Indians
Note
Filipinos ("Malays") and Indians ("Hindus") added to list of "races" in 1931. As interpreted by the Supreme Court of Arizona in State v. Pass, 59 Ariz. 16, 121 P.2d 882 (1942), the law prohibited persons of mixed racial heritage from marrying anyone.
California
California
State
California
First law passed
1850
Law repealed
1948
Races white people were banned from marrying
Blacks, Asians, Filipinos
Note
Until Roldan v. Los Angeles County, it was unclear whether the law applied to Filipinos. Anti-miscegenation law overturned by state judiciary in Supreme Court of California case Perez v. Sharp. Most Hispanics were included in White category.
Colorado
Colorado
State
Colorado
First law passed
1864
Law repealed
1957
Races white people were banned from marrying
Blacks
Idaho
Idaho
State
Idaho
First law passed
1864
Law repealed
1959
Races white people were banned from marrying
Blacks, Asians
Indiana
Indiana
State
Indiana
First law passed
1818
Law repealed
1965
Races white people were banned from marrying
Blacks
Note
Indiana was the first state to make interracial marriage a felony. The 1818 statute that made marriage between Black and white individuals in the state illegal was updated with legislation in 1840, which made any marriage between Black and white individuals in Indiana "null and void."
Maryland
Maryland
State
Maryland
First law passed
1692
Law repealed
1967
Races white people were banned from marrying
Blacks, Filipinos
Note
Repealed its law in response to the start of the Loving v. Virginia case, and was the last state to repeal its law before the Supreme Court made all such laws unenforceable. Maryland also was one of the states to ban marriages between some peoples of color, preventing black–Filipino marriages in addition to Filipino–white and black–white marriages.
Montana
Montana
State
Montana
First law passed
1909
Law repealed
1953
Races white people were banned from marrying
Blacks, Asians
Nebraska
Nebraska
State
Nebraska
First law passed
1855
Law repealed
1963
Races white people were banned from marrying
Blacks, Asians
Nevada
Nevada
State
Nevada
First law passed
1861
Law repealed
1959
Races white people were banned from marrying
Blacks, Native Americans, Asians, Filipinos
Note
On December 11, 1958, a court order struck down the law forbidding marriage between Harry Bridges and Noriko Sawada, citing the California case Perez v. Sharp and declaring such laws infringements on the basic principles of freedom.
North Dakota
North Dakota
State
North Dakota
First law passed
1909
Law repealed
1955
Races white people were banned from marrying
Blacks
Oregon
Oregon
State
Oregon
First law passed
1862
Law repealed
1951
Races white people were banned from marrying
Blacks, Native Americans, Asians, Native Hawaiians
South Dakota
South Dakota
State
South Dakota
First law passed
1909
Law repealed
1957
Races white people were banned from marrying
Blacks, Asians, Filipinos
Utah
Utah
State
Utah
First law passed
1852
Law repealed
1963
Races white people were banned from marrying
Blacks, Asians, Filipinos
Note
Initially enacted via the Act in Relation to Service
Wyoming
Wyoming
State
Wyoming
First law passed
1913
Law repealed
1965
Races white people were banned from marrying
Blacks, Asians, Filipinos
Note
As a territory, Wyoming banned interracial marriage in 1869. This law was repealed in 1882 prior to statehood, but a new ban was enacted after statehood in 1913.
State
First law passed
Law repealed
Races white people were banned from marrying
Note
Arizona
1865
1962
Blacks, Asians, Filipinos, Indians
Filipinos ("Malays") and Indians ("Hindus") added to list of "races" in 1931. As interpreted by the Supreme Court of Arizona in State v. Pass, 59 Ariz. 16, 121 P.2d 882 (1942), the law prohibited persons of mixed racial heritage from marrying anyone.
California
1850
1948
Blacks, Asians, Filipinos
Until Roldan v. Los Angeles County, it was unclear whether the law applied to Filipinos. Anti-miscegenation law overturned by state judiciary in Supreme Court of California case Perez v. Sharp. Most Hispanics were included in White category.
Colorado
1864
1957
Blacks
Idaho
1864
1959
Blacks, Asians
Indiana
1818
1965
Blacks
Indiana was the first state to make interracial marriage a felony. The 1818 statute that made marriage between Black and white individuals in the state illegal was updated with legislation in 1840, which made any marriage between Black and white individuals in Indiana "null and void."
Maryland
1692
1967
Blacks, Filipinos
Repealed its law in response to the start of the Loving v. Virginia case, and was the last state to repeal its law before the Supreme Court made all such laws unenforceable. Maryland also was one of the states to ban marriages between some peoples of color, preventing black–Filipino marriages in addition to Filipino–white and black–white marriages.
Montana
1909
1953
Blacks, Asians
Nebraska
1855
1963
Blacks, Asians
Nevada
1861
1959
Blacks, Native Americans, Asians, Filipinos
On December 11, 1958, a court order struck down the law forbidding marriage between Harry Bridges and Noriko Sawada, citing the California case Perez v. Sharp and declaring such laws infringements on the basic principles of freedom.
North Dakota
1909
1955
Blacks
Oregon
1862
1951
Blacks, Native Americans, Asians, Native Hawaiians
South Dakota
1909
1957
Blacks, Asians, Filipinos
Utah
1852
1963
Blacks, Asians, Filipinos
Initially enacted via the Act in Relation to Service
Wyoming
1913
1965
Blacks, Asians, Filipinos
As a territory, Wyoming banned interracial marriage in 1869. This law was repealed in 1882 prior to statehood, but a new ban was enacted after statehood in 1913.
· Summary › Anti-miscegenation laws overturned on June 12, 1967, by <i>Loving v. Virginia</i>
Alabama
Alabama
State
Alabama
First law passed
1822
Law repealed
2000 (constitution)
Races white people were banned from marrying
Blacks
Note
Repealed during Reconstruction, law later reinstated
Arkansas
Arkansas
State
Arkansas
First law passed
1838
Law repealed
1973
Races white people were banned from marrying
Blacks
Note
Repealed during Reconstruction, law later reinstated
Delaware
Delaware
State
Delaware
First law passed
1807
Law repealed
1974 (omission)1986 (repeal)
Races white people were banned from marrying
Blacks
Florida
Florida
State
Florida
First law passed
1832
Law repealed
1969
Races white people were banned from marrying
Blacks
Note
Repealed during Reconstruction, law later reinstated (note law reinstated banning just blacks)
Georgia
Georgia
State
Georgia
First law passed
1750
Law repealed
1972
Races white people were banned from marrying
Blacks, Native Americans, Filipinos
Kentucky
Kentucky
State
Kentucky
First law passed
1792
Law repealed
1974
Races white people were banned from marrying
Blacks
Note
Repealed during Reconstruction in 1868, law later reinstated in 1894
Louisiana
Louisiana
State
Louisiana
First law passed
1724
Law repealed
1972, 1975
Races white people were banned from marrying
Blacks, Filipinos
Note
Repealed during Reconstruction in 1868, law later reinstated in 1908, made more severe in 1910
Mississippi
Mississippi
State
Mississippi
First law passed
1822
Law repealed
1972 (statue)1987 (constitution)
Races white people were banned from marrying
Blacks, Asians
Note
Repealed during Reconstruction under the 1868 Constitution, law later reinstated by the 1890 Constitution.
Missouri
Missouri
State
Missouri
First law passed
1835
Law repealed
1969
Races white people were banned from marrying
Blacks, Asians
North Carolina
North Carolina
State
North Carolina
First law passed
1715
Law repealed
1970 (constitution)1973 (law)
Races white people were banned from marrying
Blacks
Note
Starting in 1887, North Carolina also prevented marriages between Blacks and "Croatan Indians", but all other marriages between people of color were not covered by legislation
Oklahoma
Oklahoma
State
Oklahoma
First law passed
1897
Law repealed
1969
Races white people were banned from marrying
Blacks
Note
Oklahoma's law was unique in its phrasing, preventing marriages of "any person of African descent ... to any person not of African descent." This statute was invoked occasionally to void marriages between blacks and Native Americans.
South Carolina
South Carolina
State
South Carolina
First law passed
1717
Law repealed
1970, 1972 (law)1998 (constitution)
Races white people were banned from marrying
Blacks, Native Americans, Indians
Note
Repealed during Reconstruction, law later reinstated in 1879
Tennessee
Tennessee
State
Tennessee
First law passed
1741[citation needed]
Law repealed
1978
Races white people were banned from marrying
Blacks
Texas
Texas
State
Texas
First law passed
1837
Law repealed
1969
Races white people were banned from marrying
All non-whites
Virginia
Virginia
State
Virginia
First law passed
1691
Law repealed
1968
Races white people were banned from marrying
All non-whites
Note
Previous anti-miscegenation law made more severe by Racial Integrity Act of 1924
West Virginia
West Virginia
State
West Virginia
First law passed
1863
Law repealed
1969
Races white people were banned from marrying
Blacks
State
First law passed
Law repealed
Races white people were banned from marrying
Note
Alabama
1822
2000 (constitution)
Blacks
Repealed during Reconstruction, law later reinstated
Arkansas
1838
1973
Blacks
Repealed during Reconstruction, law later reinstated
Delaware
1807
1974 (omission)1986 (repeal)
Blacks
Florida
1832
1969
Blacks
Repealed during Reconstruction, law later reinstated (note law reinstated banning just blacks)
Georgia
1750
1972
Blacks, Native Americans, Filipinos
Kentucky
1792
1974
Blacks
Repealed during Reconstruction in 1868, law later reinstated in 1894
Louisiana
1724
1972, 1975
Blacks, Filipinos
Repealed during Reconstruction in 1868, law later reinstated in 1908, made more severe in 1910
Mississippi
1822
1972 (statue)1987 (constitution)
Blacks, Asians
Repealed during Reconstruction under the 1868 Constitution, law later reinstated by the 1890 Constitution.
Missouri
1835
1969
Blacks, Asians
North Carolina
1715
1970 (constitution)1973 (law)
Blacks
Starting in 1887, North Carolina also prevented marriages between Blacks and "Croatan Indians", but all other marriages between people of color were not covered by legislation
Oklahoma
1897
1969
Blacks
Oklahoma's law was unique in its phrasing, preventing marriages of "any person of African descent ... to any person not of African descent." This statute was invoked occasionally to void marriages between blacks and Native Americans.
South Carolina
1717
1970, 1972 (law)1998 (constitution)
Blacks, Native Americans, Indians
Repealed during Reconstruction, law later reinstated in 1879
Tennessee
1741[citation needed]
1978
Blacks
Texas
1837
1969
All non-whites
Virginia
1691
1968
All non-whites
Previous anti-miscegenation law made more severe by Racial Integrity Act of 1924
West Virginia
1863
1969
Blacks

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