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Perez v. Sharp, [1] also known as Perez v. Lippold or Perez v.Moroney, is a 1948 case decided by the Supreme Court of California in which the court held by a 4–3 majority that the state's ban on interracial marriage violated the Fourteenth Amendment to the United States Constitution.
Interracial marriage has been legal throughout the United States since at least the 1967 U.S. Supreme Court (Warren Court) decision Loving v. Virginia (1967) that held that anti-miscegenation laws were unconstitutional via the 14th Amendment adopted in 1868.
In 1909, Aoki and Helen Emery, an interracial couple were denied a marriage license in California due to laws prohibiting marriage between Japanese and Caucasian individuals. [30] They then traveled to Portland, Oregon, hoping to obtain a marriage license there but were again denied based on similar racial restrictions. [30]
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The measure asks voters to change the California Constitution to enshrine a "fundamental right to marry" and remove language that defines marriage as between a man and a woman.
Roldan v. Los Angeles County, 129 Cal. App. 267, 18 P.2d 706, was a 1933 court case in California confirming that the state's anti-miscegenation laws at the time did not bar the marriage of a Filipino and a white person. [1] However, the precedent lasted barely a week before the law was specifically amended to illegalize such marriages. [2]
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While interracial marriage had been legal in California since 1948, in 1957 actor Sammy Davis Jr. faced backlash for his relationship with a white woman, actress Kim Novak. [5] In 1958, Davis briefly married a black woman, actress and dancer Loray White, to protect himself from mob violence.