With classification, people were given certain rights and privileges.If a person was White, they received the rights and privileges; if they were Black or of the mixed race they received nothing.These effects and the history of interracial marriages will be the focus of this annotated bibliography. "Only the Law Would Rule Between Us": Anti-miscegenation, the Moral Economy of Dependency, and the Debate Over Rights After the Civil War, 70 Chi.-Kent L. The time periods which are focused on are as follows: 1868-1877, 1877-1920's, 1920's-1940's, 1950's, and the 1960's with Loving v. In 1662, the question in front of the legislature was whether "children got by any Englishman upon a Negro woman should be free or slave."16 The solution was to look at the mother: if the non-white woman was free, her mixed-race child would be free; but if she was a slave, then any child she had would be a slave.American Wedding: Same-Sex Marriage and the Miscegenation Analogy, 73 B. Virginia, and the post script of both States after Loving. As time progressed, the laws changed, and interracial marriages were not banned, but rather, the law mandated banishment forever of the White party to any interracial marriage that occurred, if free, within three months after such marriage.17 If the child was a "bastard child" born from a couple not going through the wedding ceremony, the child was taken by the warden of the church in the parish and bound to be a servant until he or she attained the age of 30.18 After 1691, the legislature reduced the percent of African American ancestry a person had to have in them to be defined as the mixed-race.However, when people talk about race relations, the focus is on Blacks and Whites. The science of Eugenics also supported the belief that children produced from these interracial marriages were inferior.No matter what ethnic groups are involved, one major result of these marriages are children. The Devil and the One Drop Rule: Racial Categories, African Americans, and the U. The science is based on the proposition that most human ills are hereditary and that the human race can be perfected by encouraging the mating of healthy productive stock and discouraging the reproduction among the less fit.13 Thus, bans on interracial marriages were supported by science and non-science means.After reviewing this material and reading the associated articles, the reader should have a strong understanding of the issues surrounding children of interracial marriages, and the problems parents encounter with their mixed race children. This author goes back in history and talks about the past views of interracial marriages and the justifications for its criminal penalties. In this article, Peter Wallenstein goes into great detail of the evolution of interracial marriages in Alabama and Virginia.In addition, the reader should have a better understanding of the history of interracial marriages. Children in Interracial Homes, Marriage Across the Color Line (1965). Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 Geo. Even though this article is used as a comparison between interracial and same-sex marriages, it gives a vivid history of interracial marriages and how the children of these marriages were viewed by society. First, the author talks about the origins of laws against interracial marriages in Alabama.
Then in 1765 Virginia's legislature relaxed the terms of their laws in only one aspect-children born after this year would only be subject to servantry for 21 years if they were male and 18 years if female.19 Up until the 1960's, the laws against interracial marriages stayed on the books. Many people see Virginia as the "mother of Presidents" (four of the first five Presidents were from Virginia), and the "mother of Revolutionaries" such as Thomas Jefferson, George Washington, and Patrick Henry.20 However, Virginia was also the leader of slavery and one of the first colonies to formulate a legal definition of race.
She was producing these mixed race children when in fact she was capable of producing pure White children.
Black woman who produced mixed race children were not seen as assaulting the White race because they were unable to produce White children, thus did not effect the White race.23 Lastly, the article discusses prosecution of rape in Virginia.
If the person looked Black or mixed, the burden was on the person to prove they were White and entitled to such rights and privileges.22 The author next goes into the concern over the production of mixed race children.
The statutes were mainly concerned with the White woman first because it was her who was directly assaulting White racial purity.