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Miscegenation and the Law

Posted by – March 20, 2010

America is a country founded on racial diversity; however, America also has a long history of intolerance toward miscegenation. Miscegenation is the mixing of different races through procreation resulting in a mixed-race child.

This intolerance has shown itself using various methods throughout history. At times it has been on a smaller scale manifesting through individual social interactions such as violence toward interracial couples or individuals. While at other times in history, it has even been present in our legal system as illustrated by anti-miscegenation laws (statutes banning interracial marriage and even intercourse between members of different races).

In fact, dating back as early as 1661, many states had laws prohibiting miscegenation. This was a very common practice until 1967 when the Supreme Court ruled that Virginia’s miscegenation laws were unconstitutional in response to the issues raised by Loving v. Virginia.

Although the majority of those laws have since been repealed and the rest are typically no longer enforced, there is still a lingering miscegenation intolerance throughout America. Further compounding this problem is the fact that the American legal system still consistently fails to acknowledge racism directed toward those viewed as being racially mixed.

The American legal system needs to take off their blinders and realize that the familiar set of racial categories on which race discrimination jurisprudence was originally based is no longer relevant. Only then can they respond by expanding the definitions of racial discrimination to more completely protect everyone affected.

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