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Sharp (1948) that the Californian anti-miscegenation laws violated the Fourteenth Amendment to the United States Constitution, the first time since Reconstruction that a state court declared such laws unconstitutional, and making California the first state since Ohio in 1887 to overturn its anti-miscegenation law.
[6] In 1967 the law banning interracial marriage was ruled unconstitutional (via the 14th Amendment adopted in 1868) by the U.S. Supreme Court in Loving v. Virginia. [3] Many states refused to adapt their laws to this ruling with Alabama in 2000 being the last US state to remove anti-miscegenation language from the state constitution. [7]
Virginia (1967) that held that anti-miscegenation laws were unconstitutional via the 14th Amendment adopted in 1868. [1] [2] Chief Justice Earl Warren wrote in the court opinion that "the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State."
Anti-miscegenation laws prohibited marriages of European Americans with Americans of African descent, even those of mixed race. Some states also prohibited marriages across ethnic lines with Native Americans and later Asians. Such laws had been first passed during the Colonial era in several of the Thirteen Colonies, starting with Virginia in 1691.
Anti-miscegenation laws have played a large role in defining racial identity and enforcing the racial hierarchy. The United States has many ethnic and racial groups, and interracial marriage is fairly common among most of them. Interracial marriages increased from 2% of married couples in 1970 to 7% in 2005 [33] [34] and 8.4% in 2010. [35]
[2] [3] The term came to be associated with laws that banned interracial marriage and sex, which were known as anti-miscegenation laws. [4] These laws were overruled federally in 1967, and by the year 2000, all states had removed them from their laws, with Alabama being the last to do so on November 7, 2000. In the 21st century, newer ...
It struck down the law directly in that state. [17] In 2000, Alabama became the last state to adapt its laws to the Supreme Court's decision, when 60% of voters endorsed a ballot initiative that removed anti-miscegenation language from the state constitution. [18] Expectations of a marriage partner have changed over time.
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]