Malcolm Rivera
Interracial marriage is a fundamental right guaranteed by the United States Constitution. The 14th Amendment protects the right to marry a person of another race, and states that this freedom of choice cannot be restricted by invidious racial discrimination. This right was not always protected, however. In 1913, Congressman Seaborn Roddenbery of Georgia introduced a bill to amend the Constitution to ban interracial marriage, and until 1967, 35 states outlawed marriage between those considered to be white and those considered non-white. It was only after the landmark case of Loving v. Virginia in 1967 that anti-miscegenation laws were officially deemed unconstitutional.
| Characteristics | Values |
|---|---|
| Interracial marriage protected by | 14th Amendment under the Equal Protection Clause |
| Anti-miscegenation laws | Unconstitutional |
| Interracial marriage outlawed by | 35 states |
| Interracial marriage outlawed by in 1967 | 16 states |
| Interracial marriage outlawed by until 1998 | South Carolina |
| Interracial marriage outlawed by until 2000 | Alabama |
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What You'll Learn
The 14th Amendment protects interracial marriage
Marriage is a fundamental right guaranteed by the United States Constitution. This includes the right to interracial marriage, which is protected by the 14th Amendment under the Equal Protection Clause. The 14th Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under the Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.
Although interracial marriage is a more common occurrence in the 21st century, it is important to keep in mind that laws making interracial marriage illegal were held to be unconstitutional less than 50 years ago. In 1913, Congressman Seaborn Roddenbery of Georgia introduced a bill to propose an amendment to the U.S. Constitution banning interracial marriage. Fortunately, this bill was defeated. However, as recently as 1998 and 2000, clauses against interracial marriage remained in the state constitutions of South Carolina and Alabama, respectively.
The landmark case of Loving v. Virginia officially made anti-miscegenation laws (laws against interracial marriage) unconstitutional. This case established that state laws defining and regulating marriage must respect the constitutional rights of persons. The Loving decision meant that states could no longer enforce laws against interracial marriage. However, not every state was enthusiastic about the decision, and the story of interracial marriage equality did not end there.
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Interracial marriage was illegal in 30 states in 1913
In 1913, Congressman Seaborn Roddenbery of Georgia introduced a bill to propose an amendment to the U.S. Constitution banning interracial marriage. He told Congress: "Intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant. It is subversive to social peace." Fortunately, this bill was defeated.
It wasn't until 1967 that the United States Supreme Court ruled that anti-miscegenation laws were unconstitutional. This was the result of the case of Loving v. Virginia, which officially made anti-miscegenation laws unconstitutional. The case was brought about by Perry Loving, a white man, and his African American and American Indian wife, Mildred Jeter. Since interracial marriage was illegal in their home state of Virginia, the couple were married in Washington, D.C. When they returned to Virginia, they were arrested and put in jail for breaking the law.
The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under the Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State. However, prejudice towards interracial couples continues. In Alabama, a clause against interracial marriage remained in the state constitution until 2000.
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Interracial marriage was illegal in 16 states in 1967
However, the 1967 Supreme Court decision on Loving v. Virginia made anti-miscegenation laws unconstitutional. This meant that the laws in the remaining 16 states ceased to be enforceable. The 14th Amendment to the U.S. Constitution requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under the Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.
Despite this, prejudice towards interracial couples continued. In 1998, a clause against interracial marriage was still in the South Carolina State Constitution, and in Alabama, a similar clause remained in the state constitution until 2000. In the respective referendums, 52% of voters in Mississippi, 62% of voters in South Carolina and 59% of voters in Alabama voted in favour of the amendments. In 2000, Alabama became the last state to officially legalise interracial marriage.
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Interracial marriage was still illegal in South Carolina until 1998
The United States Constitution guarantees the right to marry, including the right to interracial marriage, protected by the 14th Amendment under the Equal Protection Clause. However, this was not always the case. In 1913, Congressman Seaborn Roddenbery of Georgia introduced a bill to propose an amendment to the U.S. Constitution banning interracial marriage. Although this bill was defeated, at the time, 30 states outlawed interracial marriage.
In 1967, the Supreme Court case of Loving v. Virginia officially made anti-miscegenation laws unconstitutional. However, not every state was enthusiastic about the decision. In 1969, members of Georgia's state legislature and Board of Regents objected to hiring former Secretary of State Dean Rusk because he had participated in his daughter's wedding to a black man.
South Carolina, in particular, was slow to accept the court's ruling. It was not until 1998 that South Carolina finally removed its constitutional ban on interracial marriage, which had been added to the state constitution in 1895. This was due to a clause in the South Carolina State Constitution that allowed for the continued outlawing of interracial marriage, even after the Loving decision. Similarly, Alabama did not repeal its law banning interracial marriage until 2000.
The story of interracial marriage in the United States is a complex one, spanning centuries and affecting millions of people. Despite the legal protections now in place, prejudice towards interracial couples continues.
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Interracial marriage was still illegal in Alabama until 2000
Marriage is a fundamental right guaranteed by the United States Constitution. The 14th Amendment protects the right to interracial marriage under the Equal Protection Clause. In 1913, an amendment was proposed to ban interracial marriage, but it was defeated. Over the years, 35 states outlawed interracial marriage, but this number dropped to 16 by 1967.
In 1967, the United States Supreme Court struck down Virginia's anti-miscegenation laws in the landmark case of Loving v. Virginia, officially making anti-miscegenation laws unconstitutional. However, it wasn't until 2000 that Alabama officially repealed its anti-miscegenation laws, becoming the last state to do so. The Alabama Interracial Marriage Amendment, also known as Amendment 2, was approved with 59.5% voting yes, although 25 of Alabama's 67 counties voted against it. The amendment modified Article IV, Section 102 of Alabama's constitution, which previously stated that the legislature shall never pass any law to authorize or legalize any marriage between any white person and a "negro" or descendant of a "negro".
Despite the legalisation of interracial marriage, prejudice towards interracial couples continues. The fight for marriage equality has spanned centuries and affected millions of people across the globe.
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Frequently asked questions
Yes, the US Constitution protects interracial marriage under the 14th Amendment's Equal Protection Clause.
The US Constitution has protected interracial marriage since 1967, following the Loving v. Virginia case.
The Loving v. Virginia case officially made anti-miscegenation laws (laws against interracial marriage) unconstitutional.
The 14th Amendment states that the freedom of choice to marry cannot be restricted by invidious racial discrimination.
Yes, 35 states outlawed interracial marriage. This number dropped to 16 states by 1967.
