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In the United States, anti-miscegenation laws also known as miscegenation laws were passed by individual states to prohibit , nowadays more commonly referred to as and interracial sex. Anti-miscegenation laws were a part of American law in some States since before the United States was established and remained so until ruled unconstitutional in 1967 by the in. The term was first used in 1863, during the , by American journalists to discredit the by stirring up debate over the prospect of interracial marriage after the abolition of slavery. In those of the original that became states and enacted such laws, they were enacted as state law in the early 18th century; a century or more after. Typically defining miscegenation as a , these laws prohibited the solemnization of weddings between persons of different races and prohibited the officiating of such ceremonies. Sometimes, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of or would be brought against them instead. All anti-miscegenation laws banned the marriage of whites and non-white groups, primarily blacks, but often also Native Americans and Asians. In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites. While anti-miscegenation laws are often regarded as a Southern phenomenon, most western and also enacted them. Although anti-miscegenation amendments were proposed in in 1871, 1912—1913 and 1928, a nationwide law against racially mixed marriages was never enacted. Prior to the California Supreme Court's ruling in 1948 , no court in the United States had ever struck down a ban on interracial marriage. In 1967, the unanimously ruled in that anti-miscegenation laws are. The first laws criminalizing marriage and sex between whites and non whites were enacted in the colonial era in the English colonies of and , which depended economically on unpaid labor such as. At first, in the 1660s, the first laws in Virginia and Maryland regulating marriage between whites and blacks only pertained to the marriages of whites with black and mulatto slaves and indentured servants. In 1664, Maryland enacted a law which criminalized such marriages—the 1681 marriage of Irish-born to an African slave was an early example of the application of this law. Later these laws also spread to colonies in the with fewer slaves and free blacks, such as and. Moreover, after the independence of the United States had been established, similar laws were enacted in territories and states which outlawed slavery. A sizable number of the early in the colonies were brought over from the by the. Anti-miscegenation laws discouraging interracial marriage between and non-whites affected immigrants as early as the 17th century. Anti-miscegenation laws there continued into the early 20th century. Singh married the sixteen-year-old daughter of one of his white tenants. In 1685, the French government issued a special restricted to , which banned the marriage of Catholics and non-Catholics in that colony. However, interracial cohabitation and interracial sex were never prohibited in French Louisiana see. The situation of the children free or slave followed the situation of the mother. Under Spanish rule, interracial marriage was possible with parental consent under the age of 25 and without it when the partners were older. In 1806, three years after the U. The bans in Virginia and Maryland were established at a time when slavery was not yet fully institutionalized. At the time, most forced laborers on the plantations were indentured servants, and they were mostly European. In 1776, seven out of the that declared their independence enforced laws against interracial marriage. Although slavery was gradually abolished in the North after independence, this at first had little impact on the enforcement of anti-miscegenation laws. An exception was , which repealed its anti-miscegenation law in 1780, together with some of the other restrictions placed on free blacks, when it enacted a bill for the gradual of slavery in the state. The planter and slave trader publicly advocated, and personally practiced, racial mixing as a way toward ending slavery, as well as a way to produce healthier and more beautiful offspring. These views were tolerated in , where had rights and could own and inherit property. After Florida became a U. For the radical abolitionists who organized to oppose slavery in the 1830s, laws banning interracial marriage embodied the same racial prejudice that they saw at the root of slavery. Abolitionist leader William Lloyd Garrison took aim at Massachusetts' legal ban on interracial marriage as early as 1831. Anti-abolitionists defended the measure as necessary to prevent racial amalgamation and to maintain the Bay State's proper racial and moral order. Beginning in the late 1830s, abolitionists began a several-year petition campaign that prompted the legislature to repeal the measure in 1843. Their efforts—both tactically and intellectually—constituted a foundational moment in the era's burgeoning minority-rights politics, which would continue to expand into the twentieth century. Arkansas, Florida, Louisiana, Mississippi, Texas, South Carolina and Alabama legalized interracial marriage for some years during the period. Anti-miscegenation laws rested unenforced, were overturned by courts or repealed by the state government in Arkansas and Louisiana. A number of northern and western states permanently repealed their anti-miscegenation laws during the 19th century. This, however, did little to halt anti-miscegenation sentiments in the rest of the country. Newly established western states continued to enact laws banning interracial marriage in the late 19th and early 20th centuries. Between 1913 and 1948, 30 out of the then 48 states enforced anti-miscegenation laws. Only Connecticut, New Hampshire, New York, New Jersey, Vermont, Wisconsin, Minnesota, Alaska, Hawaii, and the never enacted them. At least three proposed constitutional amendments intended to bar were introduced in Congress. In 1871, Representative of was the first politician in to propose a constitutional amendment to make interracial marriage illegal nationwide. King proposed this amendment because he predicted correctly, as the case of later demonstrated that the , ratified in 1868 to give equal to the emancipated ex-slaves the as part of the process of , would render laws against interracial marriage unconstitutional. In December 1912 and January 1913, Representative Democrat of again introduced a proposal in the to insert a prohibition of miscegenation into the and thus create a nationwide ban on interracial marriage. Roddenbery's proposed amendment was also a direct reaction to heavyweight champion 's marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had become the first black boxing world champion, having beaten. Those hopes were dashed in 1910, when Johnson beat former world champion. This victory ignited race riots all over America as frustrated whites attacked celebrating African Americans. Johnson's marriages to and affairs with white women further infuriated white Americans. In his speech introducing his bill before the , 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 — Congressional Record , 62d. In 1913, the Commonwealth of , which had abolished its anti-miscegenation law in 1843, enacted a not repealed until 2008 that prevented couples who could not marry in their home state from marrying in Massachusetts. In 1928, Senator Democrat of 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 in the 1883 case 106 U. The Supreme Court ruled that the Alabama anti-miscegenation statute did not violate the. 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 1967 in the case, where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore. The constitutionality of anti-miscegenation laws only began to be widely called into question after. In 1948, the in ruled that the Californian anti-miscegenation statute violated the and was therefore unconstitutional. This was the first time since that a state court declared an anti-miscegenation law unconstitutional, and California was the first state since Ohio in 1887 to repeal its anti-miscegenation law. As a result, during the 1950s, anti-miscegenation laws were repealed or overturned in state after state, except in the South. Nonetheless, in the 1950s, the repeal of anti-miscegenation laws was still a controversial issue in the U. In 1958, the political theorist , a Jewish refugee from Nazi Germany, who escaped from Europe during the , wrote in an essay in response to the , the struggle for the of which took place in in 1957, that anti-miscegenation laws were an even deeper injustice than the of public schools. Commenting on the Supreme Court's ruling in 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 echoed the conclusions of. This ranking was indeed reflective of the way in which the barriers against desegregation fell under the pressure of the protests of the emerging. 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. But the bans on interracial marriage were the last to go, in 1967. Most white Americans in the 1950s were opposed to interracial marriage and did not see laws banning interracial marriage as an affront to the principles of American democracy. A 1958 Gallup poll showed that 94 percent of white Americans disapproved of interracial marriage. However, attitudes towards bans on interracial marriage quickly changed in the 1960s. By the 1960s, civil rights organizations were helping interracial couples who were being penalized for their relationships to take their cases to the Supreme Court. Since , the court had declined to make a judgment in such cases. But in 1964, the decided to issue a ruling in the case of an interracial couple from Florida who had been convicted because they had. In , 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. 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 1967, the court did decide to rule on the remaining anti-miscegenation laws when it was presented with the case of. Main article: All bans on interracial marriage were lifted only after an interracial couple from Virginia, Richard and Mildred Loving, began a legal battle in 1963 for the repeal of the anti-miscegenation law which prevented them from living as a couple in their home state of. The Lovings were supported by the , the and a coalition of Catholic bishops. In 1958, Richard and Mildred Loving had married in to evade Virginia's anti-miscegenation law the. 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 1963, the Lovings, who had moved to Washington, D. C, decided to appeal this judgment. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, refused to reconsider his decision. Instead, he defended , writing: Almighty God created the races , , , , and , and placed them on separate , and but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend the races to mix. The Lovings then took their case to the , which invalidated the original sentence but upheld the state's. Finally, the Lovings turned to the. The court, which had previously avoided taking miscegenation cases, agreed to hear an appeal. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not to marry, a person of another race resides with the individual and cannot be infringed by the State. In 1967, 17 Southern states all the former plus Oklahoma still enforced laws prohibiting marriage between whites and non-whites. Maryland repealed its law in response to the start of the proceedings at the Supreme Court. After the ruling of the Supreme Court, the remaining laws were no longer enforceable. Nonetheless, it took until 1998 and until 2000 to amend their states' constitutions to remove language prohibiting miscegenation. In the respective referendums, 62% of voters in South Carolina and 59% of voters in Alabama voted to make the amendments. In Alabama nearly 526,000 people voted against the amendment, including a majority of voters in some rural counties. In 2009, , a in , refused to officiate a for an interracial couple. A nearby justice of the peace, on Bardwell's referral, officiated the wedding; the interracial couple sued Keith Bardwell and his wife Beth Bardwell in federal court. After facing wide criticism for his actions, including from Louisiana Governor , Bardwell resigned on November 3, 2009. Overturned on 12 June 1967 by Loving v. As interpreted by the Supreme Court of Arizona in State v. Anti-miscegenation law overturned by state judiciary in case. Most Hispanics were included in White category. 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. Sharp and declaring such laws infringements on the basic principles of freedom. Unsourced material may be challenged and. June 2015 State First law passed Races whites were banned from marrying Note 1822 Blacks Repealed during Reconstruction, law later reinstated 1838 Blacks Repealed during Reconstruction, law later reinstated 1721 Blacks 1832 Blacks Repealed during Reconstruction, law later reinstated note law reinstated banning just blacks 1750 All non-whites 1792 Blacks 1724 Blacks Repealed during Reconstruction, law later reinstated 1822 Blacks Repealed during Reconstruction under the 1868 constitution, law later reinstated by the 1890 constitution. Constitution At least three proposed Constitutional amendments to bar interracial marriage have been introduced before the U. He was correct, as the case of in 1967 demonstrated. Roddenbery's proposed amendment was a direct reaction to boxer 's marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had become the first black boxing world champion, having beaten. Johnson's marriages to and affairs with white women infuriated white Americans. In his speech introducing his bill before the , 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 Congressional Record, 62d. Roddenbery's proposal of the anti-miscegenation amendment unleashed a wave of support for the move: 19 states that lacked such laws proposed their enactment. In 1913, the Commonwealth of , which had abolished its anti-miscegenation law in 1843, enacted a not repealed until 2008 that prevented couples who could not marry in their home state from marrying in Massachusetts. This amendment was also never enacted. Hanger, Bounded Lives, Bounded Places: Free Black Society in Colonial New Orleans,1769-1803. Zephaniah Kingsley and the Atlantic World : Slave Trader, Plantation Owner, Emancipator. University Press of Florida. Volk, Oxford University Press, 2014 , 104-116. September 19, 2011, at the.. Vile 2003 , second ed. University of Minnesota Press. Retrieved 1 May 2016. Retrieved 1 May 2016. Archived from on October 16, 2014. Retrieved August 14, 2014. Vile 2003 , second ed. What Comes Naturally: Miscegenation Law and the Making of Race in America. Oxford University Press, 2009.
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