Miscengenation
The term miscengenation refers to the mixture of two or more races. Miscengenation was first coined in a pamphlet in 1864 that promoted President Lincoln's reelection in an attempt to discredit the Republican party. Laws surrounding miscengenation varied from state to state. After the Civil War ended, miscengenation laws remained as a reminder of slavery and White supremacy. The following is a brief history of the elimination of miscengenation legislation.
Pace v. Alabama (1883)
The first instance of miscengenation in the United States Supreme Court was the case of Tony Pace, an African American man, and Mary J. Cox, a White woman. In 1881, Pace and Cox were sentenced to two years in prison for cohabiting together and living in "a state of fornification or adultery" under Alabama's anti-miscengenation statute. In Alabama, interracial offenders received two to seven years in prison, while same race offenders received a $100 fine and up to six months hard labor or imprisonment. Pace and Cox appealed to the Supreme Court due to the more serious punishment interracial offenders were receiving compared to same race offenders, stating the equal protection clause of the 14th Amendment. The Supreme Court ruled in favor of Alabama on the grounds that no racial discrimination was involved because each party of the interracial offense received equal punishment.
Perez v. Sharp (1948)
In 1948, Andrea Perez, a White woman, and Sylvester Davis, an African American man, applied for a marriage license and were turned away due to a California anti-miscengenation statute. The state of California ruled in the favor of Perez, with a narrow margin of 4-3. The California Supreme Court stated the anti-miscengenation legislation was unreasonable and unconstitutional under the 14th Amendment. Because of this ruling, California became the first state to repeal its anti-miscengenation statutes.
McLaughlin v. Florida (1964)
In 1961, Dewey McLaughlin, an African American man, and Connie Hoffman, a White woman, were sentenced a $150 fine and 30 days in jail for cohabitation. With the help of the NAACP the couple were able to appeal to the Supreme Court, following the Florida Supreme Court's ruling to uphold its anti-miscengenation cohabitation clause. The couple argued the decision in Pace v. Alabama conflicted with Supreme Court rulings like Brown v. Board of Education. The Supreme Court unanimously ruled in favor of McLaughlin.
Loving v. Virginia (1967)
In 1958, Richard P. Loving, a White man, married Mildred D. Jeter, an African American and Cherokee woman, married in Washington, D.C. to evade Virginia's Racial Integrity Act of 1924. Unbeknown to the couple, there was a clause within the Racial Integrity Act that penalized interracial couples that left to marry. A few weeks after Loving and Jeter married, they were arrested and given the option to serve one year in prison or leave the state and not return for 25 years. The couple decided to leave the state. In 1963, Mildred wrote a letter to Attorney General Robert F. Kennedy asking if the recently passed Civil Rights Act would allow her family to return to Virginia. Kennedy informed Mildred the act did not apply to her marriage, but referred her to the American Civil Liberties Union (ACLU). The ACLU agreed to take their case and in 1966 they appealed to the Supreme Court, arguing Virginia's anti-miscengenation legislation was unconstitutional under the 14th Amendment's equal rights protection and due process of law. The Supreme Court unanimously sided with the Lovings, forever ending legislation of interracial couples.