Interracial Vs. Gay Marriage: Are Miscegenation Laws Really a Thing of the Past?
February 26, 2007 by Summer Banks
It took nearly 300 years for interracial activists to finally convince lawmakers to repeal the widespread miscegenation laws adopted by our leaders in 1664. These laws refused interracial couples the legal right to marry and deemed all interracial sex as illicit. Statements such as these can only remind us of today's governmental fight against gay marriage.
With white supremacists leading America throughout the last three centuries, it is not hard to understand why laws against interracial marriages were drafted and adopted in 30 out of 50 states. The remaining states simply believed there was no need for new laws against the "unnatural" acts due to the ingrained knowledge of God's will to refute the mixing of races. After the white Southerners were defeated in the Civil War, states began passing new and stronger laws. The federal government tried to force the states to abandon these miscegenation laws through their Reconstruction effort. This effort only strengthened the southern states' support for the laws. The infamous black codes, as they were called, sited four arguments against interracial marriage. First, judges claimed the legality of interracial marriage was only enforceable by the states rather than the federal government. Second, they began to define all interracial
relationships as illicit sex rather than marriage. Third, they set out to enforce God's will by claiming interracial marriage was deemed sinful by the Bible. And finally, fourth, they continued to refute the naturalness of the act.
As years turned into decades, the laws passed throughout the states began defining interracialty on a more encompassing scale. Marriages between any two "different" people were now considered unlawful. Included were Caucasians, Asian Americans, American Indians, Chinese, Kanaka, Hawaiians, and of course, African Americans. Between 1880 and 1950, miscegenation laws were at their peak of power and certain groups were convinced they could no longer allow the constitution 14th amendment to be so unlawfully broken.
Between 1950 and 1967, the Supreme Court heard many arguments against the miscegenation laws. The first significant courtroom victory was claimed by the Catholic Interracial Council of Los Angeles. Following there after were the ACLU, Citizens League and NAACP. Finally in 1967, the United States Supreme Court declared all miscegenation laws unconstitutional and the first interracial couple was allowed to be legally married.
The fight for equality in marriage has already been fought. And though historians tend to be uncomfortable comparing the 300-year battle against racial discrimination with the current battle against sexual discrimination, there are clearly similarities. The 14th amendment of equality is still being broken, "God's will" is still being used as a legal bargaining tool and states are still being left to write and enforce laws clearly demeaning the constitutional rights given to all persons. With the federal government playing such a big role in this war on equality hopefully we will not have to wait another 300 years for miscegenation laws to finally be a thing of the past.