The Lovings pleaded guilty to violating the Act and were sentenced to one year in jail, though the trial judge gave them the option of avoiding incarceration on the condition they leave the State and not return for twenty-five years.4 During the course of the proceeding the trial judge asserted that: "Almighty God created the races of White, Black, Yellow, Malay, and Red, and He placed them on separate continents." "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 for the races to mix."5 After Virginia's Supreme Court of Appeals affirmed the conviction the Supreme Court of the United States reversed the decision on the grounds that the Constitution of the United States prohibits states from barring interracial marriages. This annotation is only going to focus on the miscegenation laws and the view society had of children born out of interracial marriages.
In so doing, the Supreme Court invalidated similar laws in fifteen States. The author states that the freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by freemen.
Thus, as of June 12, 1967, interracial marriages were no loner illegal in any State. Historically, however the freedom of marriage was not always granted between races.
After reviewing this material and reading the associated articles, the reader should have a strong understanding of the issues surrounding children of interracial marriages, and the problems parents encounter with their mixed race children. This author goes back in history and talks about the past views of interracial marriages and the justifications for its criminal penalties. In this article, Peter Wallenstein goes into great detail of the evolution of interracial marriages in Alabama and Virginia.
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).
This annotated bibliography will attempt to overview the history of interracial marriages and the children born out of such relationships.
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.
The Lovings were prosecuted under a statute enacted in 1924 entitled "An Act to Preserve Racial Integrity."1 The statute said that in Virginia no White person could marry anyone other than a white person.2 The law made it a crime not only to enter into an interracial marriage in the State of Virginia, but it also criminalized interracial marriages outside the state with the intent of evading Virginia's prohibition.3 Furthermore the law stated that children born out of such a union were deemed in the eyes of the State to be illegitimate and without the protections and privileges accorded to the children of lawfully wedded parents. This article compares the history of interracial marriages with that of same-sex marriages.
In 1991 a Gallop Poll found that, for the first time, more people in the United States approved of interracial marriages (48%) then disapproved (42%).6 Also the number of interracially married couples in the United States has gone from 150,000 couples in 1970 to 1.1 million in 1994 and the number of children born out of interracial marriages jumped from 460,300 in 1970 to 1.9 million in 1994.7 Furthermore, a Gallop Poll indicates acceptance for interracial marriages is growing. Three major justifications are explained by the author which are: White supremacy, protection of White womanhood, and the prevention of mixed race offspring.
Sixty-one percent of White Americans are more likely to approve of such marriages today, compared to 4% in 1958.8 In addition, according to the U. Census Bureau, one in fifty marriages are interracial which is four times the number compared to 1970.9 Interracial marriages can include the union of Asians, Hispanics, Blacks, Whites, and any other group. The third justification was based on popular belief that children of interracial marriages were mentally and physically inferior to pure White race children.12 These racist beliefs concerning the inferiority of mixed race children were not confined to the uneducated masses.