Eugenic
Laws Against Race Mixing
Paul
Lombardo, University of Virginia
Laws
forbidding marriage between people of different races were common in America
from the Colonial period through the middle of the 20th century. By 1915,
twenty-eight states made marriages between "Negroes and white persons"
invalid; six states included this prohibition in their constitutions.
In
the early 1900's, the eugenics movement supplied a new set of arguments
to support existing restrictions on interracial marriage. These arguments
incorporated a "scientific" brand of racism, emphasizing the supposed
biological dangers of mixing the races – also known as miscegenation.
Influential writers like Madison Grant, a leading eugenicist, warned that
racial mixing was "a social and racial crime." He said that acceptance
of racial intermarriage would lead America toward "racial suicide" and
the eventual disappearance of white civilization.
According
to Grant, the mixture of "higher racial types," such as Nordic whites,
with other "lower" races would inevitably result in the decline of the
higher race. In his immensely popular book The Passing of the Great
Race (1916) Grant cautioned: "The cross between a white man and
an Indian is an Indian; the cross between a white man and a negro is a
negro… When it becomes thoroughly understood that the children of mixed
marriages between contrasted races belong to the lower type, the importance
of transmitting in unimpaired purity the blood inheritance of ages will
be appreciated at its full value."
Grant's
proclamations on the perils of race mixing mirrored warnings by Charles
Davenport and Harry Laughlin, leaders of the American eugenic bureaucracy
at the Eugenics Record Office. In turn, American political leaders like
Vice President Calvin Coolidge repeated similar sentiments as scientific
fact. Said Coolidge: "Biological laws tell us that certain divergent people
will not mix or blend."
To
prevent further pollution of the country's collective "germ-plasm" and
a subsequent contamination of the white race, eugenicists argued for even
tighter restrictions against racial mixing. Their efforts focused on new
legal definitions of who could qualify to receive a marriage license as
a "white" person.
Virginia's
Racial Integrity Act of 1924 stands out among anti-miscegenation laws
that can be traced to eugenic advocacy. To fashion a successful legislative
strategy, three local Virginia eugenicists – John Powell, Earnest Cox
and Walter Plecker – consulted with Madison Grant and Harry Laughlin.
Powell, a celebrated pianist and composer, was the founder of the Anglo-Saxon
Clubs of America, an elitist version of the Ku Klux Klan dedicated to
maintaining "Anglo-Saxon ideals and civilization in America." Like The
Passing of the Great Race, Cox's book White America emphasized white supremacy
and the dangers of racial mixing. Plecker was registrar at the Bureau
of Vital Statistics of the Virginia Board of Health. His ideas on racial
interbreeding as the source of "public health" problems appeared in state-published
pamphlets distributed to all who planned to marry.
When
The Racial Integrity Act became law, it included provisions requiring
racial registration certificates and strict definitions of who would qualify
as members of the white race. It emphasized the "scientific" basis of
race assessment, and the "dysgenic" dangers of race mixing. Its major
provision declared: "It shall hereafter be unlawful for any white
person in this State to marry any save a white person, or a person with
no other admixture of blood than white and American Indian. …the term
"white person" shall apply only to such person as has no trace whatever
of any blood other than Caucasian; but persons who have one-sixteenth
or less of the blood of the American Indian and have no other non-Caucasic
blood shall be deemed to be white persons…."
It
is interesting to note that at least 16 members of the Virginia General
Assembly who claimed to be descendants of Pocahontas objected to the first
draft of the law they proposed, because it defined as "non-white" anyone
with 1/64 of American Indian ancestry. Alabama and Georgia eventually
copied the Virginia law. Within a decade, similar laws prohibiting inter-ethnic
marriages and attempting to sort citizens by percentage of Jewish "blood"
were adopted by the government of Nazi Germany.
The
1958 case of Loving v. Commonwealth of Virginia initiated a challenge
that would eventually overturn the law. That year, Mildred Jeter (a black
woman) and Richard Loving (a white man) were married in the District of
Columbia. After moving to Virginia, they were indicted for violating the
Racial Integrity Act. They pleaded guilty and were sentenced to one year
in jail. The trial judge suspended their sentences on the condition that
they accept banishment from the state and not return together for 25 years.
The judge's written opinion declared: Almighty God created the races white,
black, yellow, malay and red, and he placed them on separate continents.
And but for the interference with this arrangement there would be no cause
for such marriages. The fact that he separated the races shows that he
did not intend for the races to mix.
The
Virginia Supreme Court upheld the judge's decision, and the Lovings moved
back to Washington, D.C. In 1963, another attempt to overturn their convictions
in Virginia was unsuccessful. The Lovings finally appealed to the United
States Supreme Court. By unanimous decision, in 1967 the Court struck
down the Racial Integrity Act and similar laws of fifteen other states,
saying: "[T]here can be no doubt that restricting the freedom to
marry solely because of racial classifications violates the central meaning
of the Equal Protection Clause … Under our Constitution, the freedom to
marry, or not marry, a person of another race resides with the individual
and cannot be infringed by the state."
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