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Interracial Marriages and the Effects on Children

Interracial Marriages and the Effects on Children

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Published by sword9825

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Categories:Types, Research, Genealogy
Published by: sword9825 on Mar 14, 2010
Copyright:Attribution Non-commercial


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Interracial Marriages and the Effects on ChildrenAnnotated Bibliography
Nacy John Alouise
 The University of Dayton School of LawSpring 1998
  This annotated bibliography will attempt to overview the history of interracial marriages and the children born out of such relationships.More specifically it will focus on how these marriages have affected thechildren throughout history and the effects interracial marriages have onchildren. The Supreme Court case, which directly speaks to this topic, isLoving v. Virginia. In 1958 Richard Loving and Mildred Jeter married inWashington, D.C. and returned to Virginia together as husband and wife.Richard was White and Mildred was Black. The problem arose in thatsince 1961 Virginia banned interracial marriages. The Lovings wereprosecuted under a statute enacted in 1924 entitled "An Act to PreserveRacial Integrity."1 The statute said that in Virginia no White person couldmarry anyone other than a white person.2 The law made it a crime notonly to enter into an interracial marriage in the State of Virginia, but italso criminalized interracial marriages outside the state with the intentof evading Virginia's prohibition.3 Furthermore the law stated thatchildren born out of such a union were deemed in the eyes of the Stateto be illegitimate and without the protections and privileges accorded tothe children of lawfully wedded parents. The Lovings pleaded guilty to violating the Act and were sentenced toone year in jail, though the trial judge gave them the option of avoidingincarceration on the condition they leave the State and not return fortwenty-five years.4 During the course of the proceeding the trial judgeasserted that: "Almighty God created the races of White, Black, Yellow,Malay, and Red, and He placed them on separate continents." "And butfor the interference with His arrangement there would be no cause forsuch marriages." "The fact that He separated the races shows that hedid not intend for the races to mix."5After Virginia's Supreme Court of Appeals affirmed the conviction theSupreme Court of the United States reversed the decision on thegrounds that the Constitution of the United States prohibits states frombarring interracial marriages. In so doing, the Supreme Court invalidatedsimilar laws in fifteen States. Thus, as of June 12, 1967, interracialmarriages were no loner illegal in any State.We are now approaching the 31st year of the Loving decision and viewson interracial marriage have improved. In 1991 a Gallop Poll found that,for the first time, more people in the United States approved of 

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