Misplaced Pages

Anti-miscegenation laws: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editContent deleted Content addedVisualWikitext
Revision as of 20:54, 2 August 2009 edit189.217.98.215 (talk) Spain← Previous edit Latest revision as of 18:31, 4 December 2024 edit undo2a02:c7c:f2b1:c400:d96f:7a5f:e10a:97c8 (talk) China 
(727 intermediate revisions by more than 100 users not shown)
Line 1: Line 1:
{{Short description|Legislation prohibiting interracial relationships}}
{{Refimprove|date=August 2007}}
{{Discrimination sidebar}} {{Discrimination sidebar}}
'''Anti-miscegenation laws''' are laws that enforce ] at the level of marriage and intimate relationships by ] ] sometimes, also criminalizing sex between members of different ].
{{Race}}
'''Anti-miscegenation laws''', also known as '''miscegenation laws''', were laws that banned ] and sometimes interracial sex between members of two different ]. In the United States, interracial marriage, cohabitation and sex have since 1863 been termed "]." Contemporary usage of the term "miscegenation" is less frequent. In North America, laws against interracial marriage and interracial sex existed and were enforced in the ] from the late seventeenth century onwards, and subsequently in several ] and ] until 1967. Similar laws were also enforced in ], from 1935 until 1945, and in ] during the ] era, from 1949 until 1985.<ref> </ref>


In the United States, interracial marriage, cohabitation and sex have been termed "]" since the term was coined in 1863. Contemporary usage of the term is infrequent, except in reference to historical laws which banned the practice. Anti-miscegenation laws were first introduced in North America by the governments of several of the ] from the late seventeenth century onward, and subsequently, they were introduced by the governments of many ]s and ] and they remained in force in many US states until 1967. After the ], an increasing number of states repealed their anti-miscegenation laws. In 1967, in the landmark case '']'', the remaining anti-miscegenation laws were ruled unconstitutional by the ] under Chief Justice ].<ref name=":0">{{Cite web|url=https://www.oyez.org/cases/1966/395|title=Loving v. Virginia|website=Oyez|language=en|access-date=2019-10-03}}</ref><ref>{{Cite web|url=https://www.law.cornell.edu/supremecourt/text/388/1|title=Loving v. Virginia|website=LII / Legal Information Institute|language=en|access-date=2019-10-03}}</ref>
==United States==
The term ], a word invented by American journalists to discredit the ] movement by stirring up debate over the prospect of white-black intermarriage after the abolition of slavery, was first coined in 1863, during the ].<ref>{{Citation
|last=Fredrickson
|first=George M.
|title=The Black Image in the White Mind
|publisher=Wesleyan University Press
|year=1987
|isbn=0819561886
|page=
|url=http://books.google.com/books?id=MB8Zmmm7L-wC}}</ref> Yet in the ] laws banning the intermarriage of whites and blacks were enacted as far back as the late seventeenth century.{{Fact|date=September 2008}}


Anti-miscegenation laws were also enforced in ] as a part of the ] which were passed in 1935, and they were also enforced in ] as a part of the system of ] which was introduced in 1948.
In the United States, anti-miscegenation laws (also known as miscegenation laws) were ]s passed by individual states to prohibit ], nowadays more commonly referred to as ] and interracial sex. Typically defining miscegenation as a ], these laws prohibited the solemnization of weddings between persons of different races and prohibited the officiating of such ceremonies. Sometimes, the individuals attempting to marry would not be held guilty of miscegenation itself, but felony charges of ] or ] would be brought against them instead.
All anti-miscegenation laws banned the marriage of whites and non-white groups, primarily blacks, but often also Native Americans and Asians.<ref> </ref> In many states, anti-miscegenation laws also criminalized cohabitation and sex between whites and non-whites. In addition, the state of ] in 1908 banned marriage "between a person of African descent" and "any person not of African descent", and ] and ] in 1932 banned marriage between ] and African Americans.<ref></ref> While anti-miscegenation laws are often regarded as a Southern phenomenon,
many ] had anti-miscegenation laws as well.


==United States==
Although anti-miscegenation amendments were proposed in ] in 1871, 1912-1913 and 1928,<ref>{{Citation
{{Main|Anti-miscegenation laws in the United States}}
|publisher=Loving Day
{{Sex and the law}}
|url=http://lovingday.org/courtroom.htm
The first ever anti-miscegenation law was passed by the ] in 1691, criminalizing interracial marriage.<ref name="Anti-miscegenation"/> In a speech in ], in 1858, ] stated, "I am not, nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people".<ref>{{cite book |first=Stephen A. |last=Douglas|title=The Complete Lincoln-Douglas Debates of 1858 |date=1991 |publisher=University of Chicago Press |page=235}}</ref> By the late 1800s, 38 U.S. states had anti-miscegenation statutes.<ref name="Anti-miscegenation"/> By 1924, the ban on interracial marriage was still in force in 29 states.<ref name="Anti-miscegenation"/> While interracial marriage had been legal in ] since 1948, in 1957 actor ] faced backlash for his relationship with a white woman, actress ].<ref name="Smithsonian" /> In 1958, Davis briefly married a black woman, actress and dancer Loray White, to protect himself from mob violence.<ref name="Smithsonian">Lanzendorfer, Joy (August 9, 2017) , '']'' Retrieved February 23, 2021.</ref>
|title=Courtroom History
|accessdate=]}}</ref><ref>{{Citation
|url=http://web.archive.org/web/20060812025324/http://law.wustl.edu/WULQ/82-3/p+611+Stein+book+pages.pdf
|format=pdf
|title=PAST AND PRESENT PROPOSED AMENDMENTS TO THE UNITED STATES CONSTITUTION REGARDING MARRIAGE∗
|author=Edward Stein
|publisher=Washing State University Law Quarterly
|year=2004
|volume=82
|issue=3
|accessdate=]}}, archived from on ].</ref> a nation-wide law against racially mixed marriages was never enacted. From the 19th century into the 1950s, most US states enforced anti-miscegenation laws. From 1913 to 1948, 30 out of the then 48 states did so.{{Fact|date=April 2009}} In 1967, the ] unanimously ruled in '']'' that anti-miscegenation laws are ]. With this ruling, these laws were no longer in effect in the remaining 16 states that at the time still enforced them.


In 1958, officers in ] entered the home of ] and dragged them out of bed for living together as an interracial couple, on the basis that "any white person intermarry with a colored person"— or vice versa—each party "shall be guilty of a felony" and face prison terms of five years.<ref name="Anti-miscegenation">{{cite news |title=Eugenics, Race, and Marriage |url=https://www.facinghistory.org/resource-library/eugenics-race-and-marriage |access-date=February 23, 2021 |website=Facing History.org}}</ref> When former president ] was asked by a reporter in 1963 if interracial marriage would become widespread in the U.S., he responded, "I hope not; I don’t believe in it", before adding "Would you want your daughter to marry a Negro? She won't love someone who isn't her color."<ref>"", New York Times, 12 September 1963, quoted in: {{cite book |last1=Wallenstein |first1=Peter |title=Tell the Court I Love My Wife: Race, Marriage, and Law--An American History |date=2004 |publisher=St. Martin's Publishing Group |page=185}}</ref> In 1967 the law banning interracial marriage was ruled unconstitutional (via the ] adopted in 1868) by the U.S. Supreme Court in '']''.<ref name="Anti-miscegenation"/> Many states refused to adapt their laws to this ruling with Alabama in 2000 being the last US state to remove anti-miscegenation language from the state constitution.<ref>{{cite news |url=https://www.nytimes.com/2000/11/12/weekinreview/november-5-11-marry-at-will.html |title=November 5–11; Marry at Will |work=] |date=November 12, 2000 |access-date=May 27, 2009 |quote=The margin by which the measure passed was itself a statement. A clear majority, 60 percent, voted to remove the miscegenation statute from the state constitution, but 40 percent of Alabamans – nearly 526,000 people – voted to keep it. |first=Somini |last=Sengupta |url-status=live |archive-url=https://web.archive.org/web/20090821110359/http://www.nytimes.com/2000/11/12/weekinreview/november-5-11-marry-at-will.html |archive-date=August 21, 2009 }}</ref> Even with many states having repealed the laws and with the state laws becoming unenforceable, in the United States in 1980 only 2% of marriages were interracial.<ref name="UnitedStatesCensusData">{{cite web| url =https://www.census.gov/population/socdemo/race/interractab1.txt| title =Table 1. Race of Wife by Race of Husband: 1960, 1970, 1980, 1991, and 1992| date =1994-07-05| website =]| publisher =]| access-date =2017-02-20| url-status =live| archive-url =https://web.archive.org/web/20170304155503/https://www.census.gov/population/socdemo/race/interractab1.txt| archive-date =2017-03-04}}</ref>
===Origins in the Colonial Era===
The first laws criminalizing marriage and sex between whites and blacks were enacted in the colonial era in the English colonies of ] and ], which depended economically on unpaid labor such as ] and ].


Anti-miscegenation is a part of ] ideology; the ], considered by the New York's ] to be more an ideology without organizational structure, opposed interracial marriage. The name is a reference to the ] priest ] who, according to the Bible, ].
At first, in the 1660s, the first laws in Virginia and Maryland regulating marriage between whites and blacks only pertained to the marriages of whites with black (and mulatto) slaves and indentured servants. In 1664, Maryland enacted a law which criminalized such marriages. ] (1691) was the first English colony in North America to pass a law forbidding free blacks and whites to intermarry, followed by Maryland in 1692. This was the first time in American history that a law was invented that restricted access to marriage partners solely on the basis of "race", not class or condition of servitude.<ref>{{Citation
|url=http://www.backintyme.com/essay050101.htm
|title=The Invention of the Color Line: 1691&mdash;Essays on the Color Line and the One-Drop Rule
|author=Frank W Sweet
|publisher=Backentyme Essays
|date=January 1, 2005
|accessdate=]}}</ref> Later these laws also spread to colonies in the ] with fewer slaves and free blacks, such as ] and ]. Moreover, after the independence of the United States had been established, similar laws were enacted in territories and states which outlawed slavery.


==South Africa==
A sizable number of the early ]s in the ]n colonies were brought over from the ] by the ].{{Fact|date=March 2009}}<!--In what is now the eastern United States?--> Anti-miscegenation laws discouraging interracial marriage between ]s and non-whites affected ]n immigrants as early as the 17th century.{{Fact|date=March 2009}} For example, a ] daughter born to an ] father and ] mother in ] in 1680 was classified as a "]" and sold into slavery <!--was this a punishment for miscegenation?-->.{{Fact|date=March 2009}} Anti-miscegenation laws there continued into the early 20th century. For example, the ] revolutionary ]'s white American wife, Mary K. Das, was stripped of her American citizenship for her marriage to an "] ineligible for citizenship."<ref>{{cite web|author=Francis C. Assisi|title=Indian-American Scholar Susan Koshy Probes Interracial Sex|year=2005|publisher=INDOlink|url=http://www.indolink.com/displayArticleS.php?id=111605054006|accessdate=2009-01-02}}</ref> In 1918, there was considerable controversy in ] when an Indian farmer B. K. Singh married the sixteen year-old daughter of one of his white tenants.<ref>{{cite web|title=Echoes of Freedom: South Asian Pioneers in California, 1899-1965 - Chapter 9: Home Life|publisher=]|url=http://www.lib.berkeley.edu/SSEAL/echoes/chapter9/chapter9.html|accessdate=2009-01-08}}</ref>
Early prohibitions on interracial marriages date back to the rule of the ] when High Commissioner ] prohibited marriages between European settlers and ''heelslag'' or full-blooded slave women (that is, of pure Asian or African origin) in 1685. The ban was never enforced.<ref>{{cite book|last1=Giliomee|first1=Hermann|title=The Afikaners: Biography of a People|date=2009|publisher=Tafelberg|isbn=978-0-624-04823-7|page=19|edition=2nd}}</ref>


In 1905, German South West Africa banned the "Rassenmischehe" (racial mixed marriage). These bans had no legal basis in German citizenship laws (issued in 1870 and 1913) and the "decrees issued by either a colonial governor or the colonial secretary", they were "not laws that had received the approval of the Reichstag". Similar such laws were also adopted in the German colonies of German East Africa (1906) and German Samoa (1912).<ref>{{cite book|last1=Wildenthal|first1=Lora|title=German Women for Empire, 1884-1945|date=2001|publisher=Duke UP|isbn=978-0-8223-2819-3|pages=84–5|edition=1st}}</ref>
In 1724, the French government issued a special ] restricted to ], which banned the marriage of whites and blacks in that colony.<ref>{{Citation
|url=http://www.redboneheritagefoundation.com/Chronicles/interracial_marriage_timeline.htm
|title=Interracial Marriage and Cohabitation Laws
|publisher=Redbone Heritage Foundation
|accessdate=]}}</ref> However, interracial cohabitation and interracial sex were never prohibited in French Louisiana (see ]). Under Spanish rule, interracial marriage was possible with parental consent under the age of 25 and without it when the partners were older. In 1806, three years after the U.S. gained control over the state, interracial marriage was once again banned.<ref>Kimberly S. Hanger, ''Bounded Lives, Bounded Places: Free Black Society in Colonial New Orleans,1769-1803''. Durham N.C., and London: Duke University Press, 1997.</ref>


In 1927, the Pact coalition government passed a law prohibiting marriages between whites and blacks (though not between whites and "coloured" people). An attempt was made to extend this ban in 1936 to marriages between whites and coloureds when a bill was introduced in parliament, but a commission of inquiry recommended against it.<ref>{{cite book|last1=Giliomee|first1=Hermann|title=The Afikaners: Biography of a People|date=2009|publisher=Tafelberg|isbn=978-0-624-04823-7|page=344|edition=2nd}}</ref>
It has been argued that the first laws banning all marriage between whites and blacks, enacted in Virginia and Maryland, were a response by the planter elite to the problems they were facing due to the socio-economic dynamics of the plantation system in the Southern colonies. However, the bans in Virginia and Maryland were established at a time when slavery was not yet fully institutionalized. At the time, most forced laborers on the plantations were indentured servants, and they were mostly white. Some historians have suggested that the at-the-time unprecedented laws banning interracial marriage were originally invented by planters as a divide and rule tactic after the uprising of servants in ]. According to this theory, the ban on interracial marriage was issued to split up the racially mixed, increasingly mixed-race labor force into whites, who were given their freedom, and blacks, who were later treated as slaves rather than as indentured servants. By outlawing interracial marriage, it became possible to keep these two new groups separated and prevent a new rebellion.


]'s ], passed in 1949 under ], forbade marriages between whites and anyone who was deemed to be non-whites. The ] (No. 30) of 1950 provided the basis for separating the population of South Africa into different races. Under the terms of this act, all residents of South Africa were to be classified as either a native "white" South African, a "black" immigrant (these typically originating from Bantu lands across the border to the north), or a "colored" person of visibly mixed race parentage. Indians were included under the category "Asian" in 1959. Also in 1950, the ] was passed, which criminalized all ] between whites and non-whites. The Immorality Act of 1950 extended an earlier ban on sexual relations between whites and blacks (the Immorality Act of 1927) to a ban on sexual relations between whites and any non-whites.<ref>{{Citation|url=http://countrystudies.us/south-africa/|title=South Africa: A Country Study|location=Washington|publisher=GPO for the Library of Congress|year=1996|chapter=Legislative Implementation of Apartheid|chapter-url=http://countrystudies.us/south-africa/25.htm|editor=Rita M. Byrnes|access-date=2008-01-04}}</ref> Both Acts were repealed in 1985 as a part of the reforms which were carried out during the tenure of ].
===After American Independence===


==Australia==
In the 18th, 19th, and early 20th century, many American states passed anti-miscegenation laws, which were often defended by invoking racist interpretations of the ], particularly of the story of ] and the "]"<ref>{{Citation
In the late 19th and early 20th centuries, so-called ]s in the Northern Territory, Western Australia and Queensland regulated marriage between indigenous and non-indigenous adults, often requiring permission from an official to marry.<ref>{{cite web |author=Parliament of Australia |title=History of Marriage Laws in Australia |url=https://www.aph.gov.au/parliamentary_business/committees/house_of_representatives_committees?url=spla/bill%20marriage/report/chapter2.pdf |website=aph.gov |language=en}}</ref> Officials were concerned with controlling relations between indigenous women and Chinese fishermen and pearl divers. <ref>{{cite journal |last1=Ellinghaus |first1=K. |title=Absorbing the 'Aboriginal problem': controlling interracial marriage in Australia in the late 19th and early 20th centuries |journal=Aboriginal History |date=2003 |volume=27 | page=183-207}}</ref> From the mid-1930s there was a shift to control who Aboriginal peoples could marry, in order to promote assimilation, until 1961 when the federal ] removed all restrictions.<ref>{{cite web |last1=Verass |first1=Sophie |title=Illegal love: Is this NT couple Australia's Richard and Mildred Loving |url=https://www.sbs.com.au/nitv/article/2017/04/07/illegal-love-nt-couple-australias-richard-and-mildred-loving |website=Special Broadcasting Service |language=en}}</ref>
|url=http://books.google.com/books?id=ioYDJ4GK3tYC
|title=Noah's Curse: The Biblical Justification of American Slavery
|author=Stephen R. Haynes
|publisher=Oxford University Press US
|date=2002
|accessdate=]}}</ref>.
In 1776, seven out of the ] that declared their independence enforced laws against interracial marriage. Although slavery was gradually abolished in the North after independence, this at first had little impact on the enforcement of anti-miscegenation laws. An exception was ], which repealed its anti-miscegenation law in 1780, together with some of the other restrictions placed on free blacks, when it enacted a bill for the gradual ] of slavery in the state. Later, in 1843, ] repealed its anti-miscegenation law after abolitionists protested against it. However, as the US expanded, all the new ] as well as many new ] such such as ]<ref name="steiner">Steiner, Mark. . The History Cooperative</ref> and ]<ref name="si">enacted similar anti-miscegenation laws.Smithsonian Asian Pacific American Program</ref> enacted such laws.


==Asia==
Arkansas, Florida, Louisiana, Texas, South Carolina and Alabama legalized interracial marriage for some years during the ] period. Anti-miscegenation laws rested unenforced, were overturned by courts or repealed by the state government (in Arkansas<ref>. The Encyclopedia of Arkansas History & Culture. (accessed January 4, 2007).</ref> and Louisiana<ref></ref>). However, after conservative white Democrats took power in the South during ], anti-miscegenation laws were once more enforced, and in addition ] were enacted in the South which enforced ].<ref>Wallenstein, Peter, ''Tell the Court I love my wife''</ref>


===China===
A number of northern and western states permanently repealed their anti-miscegenation laws during the nineteenth century. This, however, did little to halt anti-miscegenation sentiments in the rest of the country. Newly established western states continued to enact laws banning interracial marriage in the late nineteenth and early twentieth century. Between 1913 and 1948, 30 out of the then 48 states enforced anti-miscegenation laws.<ref>{{Citation
Laws and policies which discouraged miscegenation were passed during the rule of ], including an 836 AD decree which forbade Chinese people from having relationships with members of other people groups such as Iranians, Africans, Arabs, Indians, Malays, Sumatrans, and so on.<ref>{{Citation
|url=http://lovingday.org/map.htm
|last=Gernet
|title=Where were interracial couples illegal?
|first=Jacques
|publisher=Loving Day|accessdate=]}}</ref> Only Connecticut, New Hampshire, New York, New Jersey, Vermont, Wisconsin, Minnesota, Alaska, Hawaii, and the federal ] never enacted them.
|title=A History of Chinese Civilization
|edition=2
|publisher=Cambridge University Press
|year=1996
|url=https://books.google.com/books?id=jqb7L-pKCV8C
|page=
| isbn =978-0-521-49781-7}}</ref>


===India===
===Anti-Miscegenation Laws and the US Constitution===
While there are no specific provisions regarding the freedom to marry someone who is a member of a different race in the ], Article 21 of the Constitution, which is a ], is widely regarded as to provide that freedom as it comes under "personal liberty", which the Constitution guarantees to protect.<ref name="MARRIAGE IN INDIA">{{cite web|url=https://www.lawctopus.com/academike/marriage-india/
The constitutionality of anti-miscegenation laws was upheld by the ] in the 1883 case '']'' (106 U.S. 583). The Supreme Court ruled that the Alabama anti-miscegenation statute did not violate the ]. According to the court, both races were treated equally, because whites and blacks were punished in equal measure for breaking the law against interracial marriage and interracial sex. This judgment was overturned in 1967 in the '']'' case, where the Supreme Court declared anti-miscegenation laws a violation of the Fourteenth Amendment and therefore ].
|title=MARRIAGE IN INDIA|last=Gupta|first=Shivani |date=February 14, 2015 |website=lawctopus.com|access-date=May 18, 2020 }}</ref>


After the events of the ],<ref>{{citation|title=Vanishing Women: Magic, Film, and Feminism|first=Karen Redrobe|last=Beckman|publisher=]|year=2003|isbn=0-8223-3074-1|pages=31–3}}</ref> several anti-miscegenation laws were passed by the ].<ref>{{citation|title=Converting Women|first=Eliza F.|last=Kent|publisher=] US|year=2004|isbn=0-19-516507-1|pages=85–6}}</ref>
====Proposed Anti-Miscegenation Amendments====


===North Korea===
In 1871, Representative ] (] of ]) was the first politician in ] to propose a ] to make interracial marriage illegal nation-wide. King proposed this amendment because he feared that the ], ratified in 1868 to give equal ] to the emancipated ex-slaves (the ]) as part of the process of ], would render laws against interracial marriage unconstitutional.
After the deterioration of relations between North Korea and the Soviet Union in the 1960s, North Korea began to enact practices such as forcing its male citizens who had married Eastern European women to ] them.<ref>], ''] (Oxford 2015) page 20</ref>
In December 1912 and January 1913, Representative ] (Democrat of ]) again introduced a proposal in the ] to insert a prohibition of miscegenation into the ] and thus create a nation-wide ban on interracial marriage. According to the wording of the proposed amendment, "Intermarriage between negros or persons of color and Caucasians... within the United States... is forever prohibited." Roddenbery's proposal was more severe because it defined the racial boundary between whites and "persons of color"
by applying the ]. In his proposed amendment, anyone with "any trace of African or Negro blood" was banned from marrying a white spouse.


Additionally, the North Korean government has been accused of performing ]s and ]s on repatriated ] to "prevent the survival of half-Chinese babies".<ref>{{cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/3204509.stm|title=BBC NEWS - Asia-Pacific - N Korea 'kills detainees' babies'|date=22 October 2003|access-date=7 October 2014}}</ref>
Roddenbery's proposed amendment was also a direct reaction to ] heavyweight champion ]'s marriages to white women, first to Etta Duryea and then to Lucille Cameron. In 1908, Johnson had become the first black boxing world champion, having beaten ]. After his victory, the search was on for a white boxer, a "]", to beat Johnson. Those hopes were dashed in 1912, when Johnson beat former world champion
]. This victory ignited race riots all over America as frustrated whites attacked celebrating African Americans . Johnson's marriages to and affairs with white women further infuriated white Americans. In his speech introducing his bill before the ], Roddenbery compared the marriage of Johnson and Cameron to the enslavement of white women, and warned of future civil war that would ensue if interracial marriage was not made illegal nationwide:


==Europe==
<blockquote>"No brutality, no infamy, no degradation in all the years of southern slavery, possessed such villainious character and such atrocious qualities as the provision of the laws of Illinois, Massachusetts, and other states which allow the marriage of the negro, Jack Johnson, to a woman of Caucasian strain. . Gentleman, I offer this resolution ... that the States of the Union may have an opportunity to ratifty it. ...
===Nazi Germany===
Intermarriage between whites and blacks is repulsive and averse to every sentiment of pure American spirit. It is abhorrent and repugnant to the very principles of Saxon government. It is subversive of social peace. It is destructive of moral supremacy, and ultimately this slavery of white women to black beasts will bring this nation a conflict as fatal as ever reddened the soil of Virginia or crimsoned the mountain paths of Pennsylvania.
The U.S. was the global leader of countries where codified racism was practiced, and its race laws fascinated the Nazis.<ref name="Whitman"/> The ''National Socialist Handbook for Law and Legislation'' of 1934–1935, edited by the lawyer ], contains a pivotal essay by Herbert Kier on the recommendations for race legislation which devoted a quarter of its pages to U.S. legislation—from segregation, race based citizenship, immigration regulations, and anti-miscegenation.<ref name="Whitman">{{cite book|last1=Whitman|first1=James Q.|title=Hitler's American Model: The United States and the Making of Nazi Race Law|date=2017|publisher=Princeton University Press|pages=37–43}}</ref> The Nazis enacted miscegenation statutes which discriminated against Jews, Roma and Sinti ("Gypsies"), and Black people. The Nazis considered the Jews to be a race supposedly bound by close genetic (blood) ties to form a unit which one could neither join nor secede from, rather than a religious group of people. The influence of ]s had been declared to have detrimental impact on ], in order to justify the discrimination and persecutions of Jews. To be spared, one had to prove one's ], normally by obtaining an ].
... Let us uproot and exterminate now this debasing, ultra-demoralizing, un-American and inhuman leprosy"</blockquote> ''Congressional Record'', 62d. Congr., 3d. Sess., December 11, 1912, pp. 502–503.


====Jews, Romani and Black people====
Spurred on by Roddenbery's introduction of the anti-miscegenation amendment, politicians in many of the 19 states lacking anti-miscegenation laws proposed their enactment. However, Wyoming in 1913 was the only state lacking such a law that enacted one. {{Fact|date=February 2007}} Also in 1913, the Commonwealth of ], which had abolished its anti-miscegenation law in 1843, enacted a ] that prevented couples who could not marry in their home state from marrying in Massachusetts.{{Fact|date=April 2009}} In 1928, Senator ] (] of ]) proposed an amendment to the U.S. Constitution that went beyond the previous ones because it required that Congress set a punishment for interracial couples attempting to get married and for people officiating an interracial marriage. This amendment was also never enacted.
Although ] doctrine stressed the importance of physiognomy and genes in determining race, in practice, race was only determined through the religions which were followed by each individual's ancestors. Individuals were considered non-'Aryan' (i.e. Jewish) if at least three of four of their grandparents had been enrolled as members of a Jewish congregation; it did not matter if those grandparents had been born to a Jewish mother or had converted to Judaism. The actual religious beliefs of the individual himself or herself were also immaterial, as was the individual's status under ] law.
]


An anti-miscegenation law was enacted by the ] government in September 1935 as a part of the ]. The ''Law for the Protection of German Blood and German Honour'' ('Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre'), enacted on 15&nbsp;September 1935, forbade sexual relations and marriages between Germans classified as so-called 'Aryans' and Germans classified as Jews.<ref>{{cite book|author=Diemut Majer|title="Non-Germans" under the Third Reich|year=2003|page=102|publisher=Texas Tech University Press in association with the United States Holocaust Memorial Museum|isbn=978-0-89672-837-0}}</ref> This applied also to marriages concluded in Germany with only one spouse of German citizenship. On 26&nbsp;November 1935, the law was extended to include, "Gypsies, Negroes or their bastard offspring".<ref>{{cite book | author = S. H. Milton | chapter = "Gypsies" as social outsiders in Nazi Germany| title = Social Outsiders in Nazi Germany | editor = Robert Gellately and Nathan Stoltzfus | year = 2001 | publisher = Princeton University Press | isbn = 9780691086842 | pages = 216, 231}}</ref><ref name="Burleigh1991">{{cite book | author = Michael Burleigh | title = The Racial State: Germany 1933-1945 | url = https://archive.org/details/racialstate00mich | url-access = registration | date = 7 November 1991 | publisher = Cambridge University Press | isbn = 978-0-521-39802-2 | page = }}</ref><ref>{{cite web|url=http://www.ushmm.org/outreach/en/article.php?ModuleId=10007695 |title=The Nuremberg Race Laws |access-date=1 May 2016 |url-status=dead |archive-url=https://web.archive.org/web/20140519233009/http://www.ushmm.org/outreach/en/article.php?ModuleId=10007695 |archive-date=19 May 2014 }}</ref> Such extramarital ] was marked as '']'' ("race defilement") and could be punished by imprisonment&nbsp;&mdash; later usually followed by the deportation to a ], often entailing the inmate's death. Germans of African and other non-European descent were classified following their own origin or the origin of their parents. Sinti and Roma ("Gypsies") were mostly categorised following police records, e.g. mentioning them or their forefathers as Gypsies, when having been met by the police as travelling peddlers.
====The repeal of Anti-miscegenation laws, 1948-1967====


The existing 20,454 (as of 1939) marriages between persons ''racially'' regarded as so-called 'Aryans' and non-Aryans&nbsp;&mdash; called ''mixed marriages'' ({{langx|de|Mischehe}})&nbsp;&mdash; would continue.<ref>Beate Meyer, ''Die Verfolgung und Ermordung der Hamburger Juden 1933–1945'', Landeszentrale für politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p.&nbsp;80. {{ISBN|3-929728-85-0}}</ref> However, the government eased the conditions for the divorce of mixed marriages.<ref>Before 1933 the term Mischehe referred to interfaith marriages, which was a tax office phenomenon. German tax offices deducted ] from taxpayers, enrolled with a religious body, with the general tax collection by a surcharge on the income tax and then transferred it to the respective religious body. Interfaith mixed marriages, who were taxed as a unit, would have the charged church tax halved among the two respective religious bodies. Mostly the Roman Catholic Church, the respective Protestant ] and the Jewish congregations (in their case ending by Nazi act in March 1938) collected contributions from their members by way of church tax. Since the Nazis gave the term ''Mischehe'' a new meaning the tax offices were ordered to change their terminology to ''konfessionsverschiedene Ehe'' ({{langx|en|denominationally different marriage}}). Cf. Cornelia Schmitz-Berning, ''Vokabular des Nationalsozialismus'', Berlin et al.: de Gruyter, 1998, p.&nbsp;409. {{ISBN|3-11-013379-2}}</ref> In the beginning the Nazi authorities hoped to make the 'Aryan' partner get a divorce from their non-Aryan-classified spouses, by granting easy legal divorce procedures and opportunities for the 'Aryan' spouse to withhold most of the common property after a divorce.<ref>By the "Gesetz zur Vereinheitlichung des Rechts der Eheschließung und der Ehescheidung (EheG)" ("Act on standardisation of the law of contraction and divorce of marriages", as of 6&nbsp;July 1938) divorce on so-called racial grounds was enabled. Cf. ] (RGBl., i.e. the Reich's law gazette) 1938&nbsp;I, p.&nbsp;807, §&nbsp;37 EheG (Bedeutungsirrtum), cf. also Alexandra Przyrembel, ''"Rassenschande": Reinheitsmythos und Vernichtungslegitimation im Nationalsozialismus'', Göttingen: Vandenhoeck & Ruprecht, 2003, (Veröffentlichungen des Max-Planck-Instituts für Geschichte; vol.&nbsp;190), p.&nbsp;86 ({{ISBN|3-525-35188-7}}) or&nbsp;&mdash; as to contesting or dissolving a marriage&nbsp;&mdash; see Bernhard Müller, ''Alltag im Zivilisationsbruch: Das Ausnahme-Unrecht gegen die jüdische Bevölkerung in Deutschland 1933–1945; eine rechtstatsächliche Untersuchung des Sonderrechts und seiner Folgewirkungen auf den "Alltag" der Deutschen jüdischer Abstammung und jüdischen Bekenntnisses'', Munich: Allitera-Verlag, 2003, simultaneously Bielefeld, Univ., Diss., 2002, pp.&nbsp;344–348. {{ISBN|3-935877-68-4}}</ref> Those who stuck to their spouse would suffer discriminations like dismissal from public employment, exclusion from civic society organisations, etc.<ref>Based on an evaluation of divorce decrees, however restricted to only one former ], the discriminations and easements caused a divorce rate of mixed marriages 20% above the general average. Many divorces followed after the couple succeeded in achieving a visa and thus emigration for the Jewish-classified spouse, so the divorce would lift the discriminations hitting the 'Aryan'-classified spouse, who stayed at home. Cf. Beate Meyer,'' 'Jüdische Mischlinge'&nbsp;&mdash; Rassenpolitik und Verfolgungserfahrung 1933–1945'' (<sup>1</sup>1999), Hamburg: Dölling und Galitz, (<sup>1</sup>2002), (Studien zur jüdischen Geschichte; vol.&nbsp;6), simultaneously Hamburg, Univ., Diss., 1998, {{ISBN|3-933374-22-7}}</ref>
The constitutionality of anti-miscegenation laws only began to be widely called into question after the ]. In 1948, the ] in '']'' ruled that the Californian anti-miscegenation statute violated the ] and was therefore unconstitutional. This was the first time since ] that a state court had declared an anti-miscegenation law unconstitutional. California was the first state since Ohio in 1887 to repeal its anti-miscegenation law.


Any children&nbsp;&mdash; whenever born&nbsp;&mdash; within a mixed marriage, as well as children from extramarital mixed relationships born until 31&nbsp;July 1936, were discriminated against as '']e''. However, children later born to mixed parents, not yet married at passing the Nuremberg Laws, were to be discriminated against as '']n'', regardless if the parents had meanwhile married abroad or remained unmarried. Any children who were enrolled in a Jewish congregation were also subject to discrimination as ''Geltungsjuden''.
As a result, during the 1950s, anti-miscegenation laws were repealed or overturned in state after state, except in the South. Nonetheless, in the 1950s, the repeal of anti-miscegenation laws was still a controversial issue in the U.S., even among supporters of ].


According to the Nazi family value attitude, the husband was regarded the head of a family. Thus people living in a ] were treated differently according to the sex of the 'Aryan' spouse and according to the religious affiliation of the children, their being or not being enrolled with a Jewish congregation. Nazi-termed mixed marriages were often not ]s, because in many cases the classification of one spouse as non-Aryan was only due to her or his grandparents being enrolled with a Jewish congregation or else classified as non-Aryan. In many cases both spouses had a common faith, either because the parents had already converted or because at marrying one spouse converted to the religion of the second (]). Traditionally the wife used to be the convert.<ref>This was maintained by the pre-1939 practice of Jewish congregations in Germany, which denied Jewesses who married Gentiles, to be precise non-converts to Judaism, to keep their membership in a congregation. This turned the Jewesses, if they did not convert to another faith, legally into irreligionists. On the other hand, Jews marrying Gentile women could (stay) enroll(ed) as member of a Jewish congregation.</ref> However, in urban areas and after 1900, actual interfaith marriages occurred more often, with interfaith marriages legally allowed in some states of the ] since 1847, and generally since 1875, when ] became an obligatory prerequisite for any religious marriage ceremony throughout the ].
In 1958, the political theorist ], an emigre from Nazi Germany, wrote in an essay in response to the ], the ] struggle for the ] of ] which took place in ] in 1957, that anti-miscegenation laws were an even deeper injustice than the ] of public schools. The free choice of a spouse, she argued in ''Reflections on Little Rock'', was "an elementary human right": "Even political rights, like the right to vote, and nearly all other rights enumerated in the Constitution, are secondary to the inalienable human rights to 'life, liberty and the pursuit of happiness' proclaimed in the ]; and to this category the right to home and marriage unquestionably belongs." Arendt was severely criticized by fellow liberals, who feared that her essay would arouse the racist fears common among whites and thus hinder the struggle of African-Americans for ] and ]. Commenting on the Supreme Court's ruling in ] against ''de jure'' racial segregation in education, Arendt argued that anti-miscegenation laws were more basic to racial segregation than racial segregation in education.


Most mixed marriages occurred with one spouse being considered as non-Aryan, due to his or her Jewish descent. Many special regulations were developed for such couples. A differentiation of privileged and other mixed marriages emerged on 28&nbsp;December 1938, when ] discretionarily ordered this in a letter to the ''Reich's Ministry of the Interior''.<ref>Beate Meyer, "Geschichte im Film. Judenverfolgung, Mischehen und der Protest in der Rosenstraße 1943", in: ''Zeitschrift für Geschichtswissenschaft'', vol.&nbsp;52 (2004), pp.&nbsp;23–36, footnote&nbsp;23 on p.&nbsp;28. {{ISSN|0044-2828}}. Some historians judge this intervention of Göring as a tactical measure, in order not to arouse protests by so-called 'Aryan' kinship, since after secret service reports the government organised ] in 1938 the regime did not feel so safe about the public's opinion on further anti-Semitic discriminations. Cf. Ursula Büttner, "Die Verfolgung der christlich-jüdischen 'Mischfamilien{{'"}}, in: Ursula Büttner, ''Die Not der Juden teilen. Christlich-jüdische Familien im Dritten Reich. Beispiel und Zeugnis des Schriftstellers Robert Brendel'', Hamburg: Christians, 1988, p.&nbsp;44. {{ISBN|3-7672-1055-X}}</ref> The "Gesetz über die Mietverhältnisse mit Juden" ({{langx|en|Law on Tenancies with Jews}}) of 30 April 1939, allowing proprietors to unconditionally cancel tenancy contracts with Germans classified as Jews, thus forcing them to move into houses reserved for them, for the first time enacted Göring's creation. The law defined ''privileged mixed marriages'' and exempted them from the act.<ref>Cf. Reichsgesetzblatt (RGBl., i.e. the Reich's law gazette) 1939&nbsp;I, 864 §&nbsp;7 </ref>
Arendt's analysis of the centrality of laws against interracial marriage to ] echoed the conclusions of ]. In his essay, ''Social Trends in America and Strategic Approaches to the Negro Problem'' (1948), Myrdal ranked the social areas where restrictions were imposed by Southern whites on the freedom of African-Americans through racial segregation from the least to the most important: jobs, courts and police, politics, basic public facilities, "social equality" including dancing and handshaking, and most importantly, marriage. This ranking was indeed reflective of the way in which the barriers against desegregation fell under the pressure of the protests of the emerging ]. First, legal segregation in the army, in education and in basic public services fell, then restrictions on the voting rights of African-Americans were lifted. These victories were ensured by the ]. But the bans on interracial marriage were the last to go, in 1967.


The legal definitions decreed that the marriage of a Gentile husband and his wife, being a Jewess or being classified as a Jewess due to her descent, was generally considered to be a ''privileged mixed marriage'', unless they had children who were enrolled in a Jewish congregation. Then the husband was obviously not the dominant part in the family and the wife had to wear the ] and the children as well, who were thus discriminated against as ''Geltungsjuden''. Without children, or with children not enrolled with a Jewish congregation, the Jewish-classified wife was spared from wearing the yellow badge (else compulsory for Germans classified as Jews as of 1&nbsp;September 1941).
Most white Americans in the 1950s were opposed to interracial marriage and did not see laws banning interracial marriage as an affront to the principles of American democracy. A 1958 Gallup poll showed that 96 percent of white Americans disapproved of interracial marriage. However, attitudes towards bans on interracial marriage quickly changed in the 1960s.


In the opposite case, when the wife was classified as a so-called 'Aryan' and the husband as a Jew, the husband had to wear the yellow badge, if they had no children or children enrolled with a Jewish congregation. In case they had common children not enrolled in a Jewish congregation (irreligionist, Christian etc.) they were discriminated as ''Mischlinge'' and their father was spared from wearing the yellow badge.
By the 1960s, civil rights organizations were helping interracial couples who were being penalized for their relationships to take their cases to the Supreme Court. Since ], the court had declined to make a judgment in such cases. But in 1964, the ] decided to issue a ruling in the case of an interracial couple from Florida who had been convicted because they had ]. In '']'', the Supreme Court ruled that the Florida state law which prohibited cohabitation between whites and non-whites was unconstitutional and based solely on a policy of ]. However, the court did not rule on the Florida's ban on marriage between whites and non-whites, despite the appeal of the plaintiffs to do so and the argument made by the state of Florida that its ban on cohabitation between whites and blacks was ] to its ban on marriage between whites and blacks. However, in 1967, the court did decide to rule on the remaining anti-miscegenation laws when it was presented with the case of '']''.


Since there was no elaborate regulation, the practice of exempting ''privileged mixed marriages'' from anti-Semitic invidiousnesses varied amongst ]'s different ]e. However, all discriminations enacted until 28&nbsp;December 1938, remained valid without exemptions for ''privileged mixed marriages''. In the Reichsgau Hamburg, for example, Jewish-classified spouses living in ''privileged mixed marriages'' received equal food rations like Aryan-classified Germans. In many other Reichsgaue they received shortened rations.<ref name="Beate Meyer 2006, p. 83">Beate Meyer, ''Die Verfolgung und Ermordung der Hamburger Juden 1933–1945'', Landeszentrale für politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p.&nbsp;83. {{ISBN|3-929728-85-0}}</ref> In some Reichsgaue in 1942 and 1943, privileged mixed couples, and their minor children whose father was classified as a Jew, were forced to move into houses reserved for Jews only; this effectively made a privileged mixed marriage one where the husband was the one classified as so-called 'Aryan'.
=====''Loving v. Virginia''=====
{{Main article|Loving v. Virginia}}


The inconsistent application of ''privileged mixed marriages'' led to different compulsions to forced labour in 1940: Sometimes it was ordered for all Jewish-classified spouses, sometimes for Jewish-classified husbands, sometimes exempting Jewish-classified wives taking care of minor children. No document or law indicated the exemption of a mixed marriage from some persecutions and especially of its Jewish-classified spouse.<ref>''Meldungen aus dem Reich: Auswahl aus den geheimen Lageberichten des Sicherheitsdienstes der SS 1939–1944'' (<sup>1</sup>1965; Reports from the Reich: Selection from the secret reviews of the situation of the ] 1939–1944; 1984 extended to 14&nbsp;vols.), Heinz Boberach (ed. and compilator), Munich: Deutscher Taschenbuch Verlag (dtv), <sup>2</sup>1968, (dtv-dokumente; vol.&nbsp;477) p.&nbsp;208. ISBN B0000BSLXR</ref> Thus if arrested, non-arrested relatives or friends had to prove their exemption status, hopefully fast enough to rescue the arrested from any deportation.
]
{{deletable image-caption|Monday, 6 July 2009}}'', Mildred Jeter and Richard Loving]]All bans on interracial marriage were lifted only after an interracial couple from Virginia, Richard and Mildred Loving, began a legal battle in 1963 for the repeal of the anti-miscegenation law which prevented them from living as a couple in their home state of ]. The Lovings were supported by the ], the ] and a coalition of Catholic bishops.


Systematic ] started on 18&nbsp;October 1941.<ref>The earlier deportations of Jews and Gentiles of Jewish descent from ] and ] (both to ]) as well as ] and the ] (both to ]) had been organized in those specific areas and not generally throughout the Reich.</ref> German Jews and German Gentiles of Jewish descent living in ''mixed marriage'' were in fact mostly spared from deportation.<ref>At the ] the participants decided to include persons classified as Jews, but married to persons classified as so-called 'Aryans', however, only after a divorce. In October 1943 an act, facilitating compulsory divorce imposed by the state, was ready for appointment, however, ] never granted the competent referees an audience. Pressure by the ] headquarters in early 1944 also failed. Cf. Uwe Dietrich Adam, ''Judenpolitik im Dritten Reich'', Düsseldorf: 2003, pp.&nbsp;222–234. {{ISBN|3-7700-4063-5}}</ref> In case a mixed marriage ended by death of the 'Aryan' spouse or divorce, the Jewish-classified spouse residing within Germany was usually deported soon after, unless the couple still had minor children not counting as Geltungsjuden.<ref name="Beate Meyer 2006, p. 83"/>
In 1958, Richard and Mildred Loving had married in ] to evade Virginia's anti-miscegenation law (the ]). Having returned to Virginia, they were arrested in their bedroom for living together as an interracial couple. The judge suspended their sentence on the condition that the Lovings would leave Virginia and not return for 25 years. In 1963, the Lovings, who had moved to Washington, D.C, decided to appeal this judgment. In 1965, Virginia trial court Judge Leon Bazile, who heard their original case, refused to reconsider his decision. Instead, he defended ], writing:


In March 1943, an attempt to deport the Berlin-based Jews and Gentiles of Jewish descent living in non-privileged mixed marriages, failed due to public protest by their relatives-in-law of 'Aryan kinship' (see ]). Also, the Aryan-classified husbands and Mischling-classified children (starting at the age of 16) from mixed marriages were taken by the ] for forced labour, starting in autumn 1944.
<blockquote>"Almighty God created the races ], ], ], and ], and he placed them on separate ]. And but for the interference with his 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."<ref name="tucker">Tucker, Neely (June 13, 2006). . ''Washington Post''.</ref></blockquote>


A last attempt, undertaken in February/March 1945 ended, because the ]s already were liberated. However, 2,600 from all areas of the Reich, not yet captured by the Allies, were deported to ], of whom most survived the last months until their liberation.<ref>8,000 Berliners whom the Nazis had classified as Jews because of three or four grandparents survived to the summer of 1944. Their personal faith&nbsp;&mdash; Jewish, Protestant, Catholic or irreligionist&nbsp;&mdash; is mostly not recorded, since only the Nazi files report on them, which use the Nazi racial definitions. 4,700 out of the 8,000 survived due to their living in a mixed marriage. 1,400 survived by hiding, out of 5,000 who tried. 1,900 had returned from Theresienstadt. See Hans-Rainer Sandvoß, ''Widerstand in Wedding und Gesundbrunnen'', Gedenkstätte Deutscher Widerstand (ed.), Berlin: Gedenkstätte Deutscher Widerstand, 2003, (''Schriftenreihe über den Widerstand in Berlin von 1933 bis 1945'', No.&nbsp;14), p.&nbsp;302. {{ISSN|0175-3592}}</ref>
The Lovings then took their case to the ], which invalidated the original sentence but upheld the state's ].
Finally, the Lovings turned to the ]. The court, which had previously avoided taking miscegenation cases, agreed to hear an appeal. In 1967, 84 years after '']'' in 1883, the Supreme Court ruled unanimously in '']'' that:


With the defeat of Nazi Germany in 1945 the laws banning mixed marriages were lifted again. Marriage dates could be backdated, if so desired, for couples who lived together unmarried during the Nazi era due to the legal restrictions, upon marrying after the war.<ref>''Bundesgesetz über die Anerkennung freier Ehen'' (as of 23&nbsp;June 1950, Federal law on recognition of free marriages).</ref> Even if one spouse was already dead, the marriage could be retroactively recognised, in order to legitimise any children and enable them or the surviving spouse to inherit from their late father or partner, respectively. In the ] 1,823 couples applied for recognition (until 1963), which was granted in 1,255 cases.<ref>Beate Meyer, ''{{'}}Jüdische Mischlinge'&nbsp;&mdash; Rassenpolitik und Verfolgungserfahrung 1933–1945'' (<sup>1</sup>1999), Hamburg: Dölling und Galitz, (<sup>1</sup>2002), (Studien zur jüdischen Geschichte; vol.&nbsp;6), simultaneously Hamburg, Univ., Diss., 1998, p.&nbsp;469. {{ISBN|3-933374-22-7}}</ref>
<blockquote>"Marriage is one of the 'basic ] of man,' fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the ]s embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the ], is surely to deprive all the State's citizens of liberty without ] of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not to marry, a person of another race resides with the individual and cannot be infringed by the State."</blockquote>


===France===
The Supreme Court condemned Virginia's anti-miscegenation law as "designed to maintain White supremacy".
In 1723, 1724 and 1774 several administrative acts forbade interracial marriages, mainly in colonies, although it is not clear if these acts were lawful. On 2 May 1746, the ] validated an interracial marriage.<ref>{{wikicite|reference=M. Allemand in "Traité du Mariage", imprimerie E. Leboyer (Riom France, 1847)|ref={{harvid|Allemand|1847}} }} p.129</ref>


Under ], the order of the ] of 5 April 1778, signed by ], forbade "whites of either sex to contract marriage with blacks, ]s or other people of color" in the Kingdom, as the number of blacks had increased so much in France, mostly in the capital.<ref>Arrest du Conseil d'état du Roi concernant les mariages des noirs, mulâtres, ou autres gens de couleur, du 5 avril 1778 (Lille: NJB Peterinck-Cramé, 1778).</ref> Nevertheless, it was an interracial marriage prohibition, not an interracial sex prohibition. Moreover, it was an administrative act, not a law. There was never any racial law about marriage in France,<ref>{fr} Pétition des hommes de couleur de la Martinique et de la Guadeloupe, Impriperie E. Duverger, Paris (feb. 1829), p. 8-9</ref> with the exception of ].<ref>Louisiana code, art.</ref> But some restricted rules were applied about ] and ]. In any case, nobles needed the King's authorization for their marriage.
In 1967, 17 Southern states (all the former ] plus Oklahoma) still enforced laws prohibiting marriage between whites and people of color. Maryland repealed its law in response to the start of the proceedings at the Supreme Court. After the ruling of the Supreme Court, the remaining laws were no longer in effect. Nonetheless, it took ] until 1998 and ] until 2000 to officially amend their states' constitutions to remove language prohibiting miscegenation. In the respective referendums, 62% of voters in South Carolina and 59% of voters in Alabama voted to remove these laws.<ref>{{Citation
|url=http://www.usatoday.com/news/vote2000/al/main03.htm
|title=Alabama removes ban on interracial marriage
|publisher=USA Today
|date=November 7, 2000
|accessdate=]}}</ref>


On 20 September 1792, all restrictions regarding interracial marriage were repealed by the Revolutionary government.<ref>Law of September 20th, 1792</ref> On 8 January 1803, a Napoleonic governmental circular forbade marriages between white males and black women, or black men and white women,<ref>Archives nationales (henceforward A.N.) BB15–211, R4, no 3266</ref> although the 1804 ] did not mention anything specific about interracial marriage. In 1806, a French court validated an interracial marriage.<ref>{{harvnb|Allemand|1847|p=130}}</ref> In 1818, the highest French court ('']'') validated a marriage contracted in ] between a white man and a colored woman.<ref>Sir Beguin and Emilie born slave in Guadeloupe&mdash;{{harvnb|Allemand|1847|p=131}}</ref> All administrative prohibitions were canceled by a law in 1833.<ref>Law of April 24th, 1833</ref>
==Anti-miscegenation Laws enacted in the Thirteen Colonies and the United States==


===Italy===
After the ] of the ] in the late 5th century, the ] under the ] established the ] at ], ruling ] as a ].<ref name="Theodoric">{{cite web |url=https://www.britannica.com/biography/Theodoric-king-of-Italy |title=Theodoric |website=] |access-date=August 23, 2018 |quote=With his people, who may have numbered 100,000 persons, Theodoric arrived in Italy in late August 489... his people could not legally intermarry with Romans... He never missed an opportunity to propagate the idea of civilitas (“civilized life” or “civilization”), a concept that includes the maintenance of peace and order, racial harmony, and the outlawing of oppression and violence. }}</ref><ref name="Italy">{{cite web |url=https://www.britannica.com/place/Italy/History#ref27619 |title=Italy: The Ostrogothic Kingdom |website=] |access-date=August 23, 2018 |quote=Theodoric, king of the Ostrogoths, conquered Italy and killed Odoacer in 493. The decades of the Ostrogothic kingdom in Italy (493–552) can be seen as the first true period of Germanic rule in the peninsula, for an entire tribe of 100,000 to 200,000 people came with Theodoric... Theodoric, who did not want the Ostrogoths to become Romanized, encouraged them to keep their distance from the Romans. Yet such apartheid did not last. Some Romans joined the army; many more Goths became landowners, legally or illegally, and adopted civilian Roman cultural traditions.}}</ref><ref name="Ancient Rome">{{cite web |url=https://www.britannica.com/place/ancient-Rome/The-Later-Roman-Empire#ref26709 |title=Ancient Rome: The Barbarian Kingdoms |website=] |access-date=August 23, 2018 |quote=The barbarians were everywhere a small minority. They established themselves on the great estates and divided the land to the benefit of the federates without doing much harm to the lower classes or disturbing the economy.}}</ref> In order to prevent the ] of his people, Theodoric forbade intermarriage between ] and Romans.<ref name="Theodoric"/><ref name="Italy"/> Theodoric's effort to separate Goths and Romans was however not successful, as intermarriages and assimilation were common.<ref>{{cite book |last1=Freeman |first1=Charles |title=Egypt, Greece, and Rome: Civilizations of the Ancient Mediterranean |date=March 2014 |publisher=OUP Oxford |isbn=978-0-19-965192-4 |page=640 |url=https://books.google.com/books?id=UtMVAwAAQBAJ&pg=PA640 |language=en}}</ref><ref name="Italy"/> The ], a ] tribe which supported Theodoric while preserving its independence within the Ostrogothic Kingdom, avoided intermarriage with Goths and other tribes in order to maintain administrative control.<ref name="Rugii">{{cite web |url=https://www.britannica.com/topic/Rugi |title=Rugi |website=] |access-date=August 23, 2018 |quote=The remaining Rugi followed Theodoric for revenge, although they maintained their independence even within the Ostrogothic state, keeping their own administrators and avoiding intermarriage with the Goths. They disappeared with the fall of the Ostrogothic state.}}</ref><ref>{{cite book |last=Modern Humanities Research Association |author-link=Modern Humanities Research Association |date=1967 |title=The Modern Language Review, Volume 4 |url=https://books.google.com/books?id=1uJDAQAAMAAJ |quote=The Rugians kept their race pure by refusing to intermarry with other tribes}}</ref>


After the publication of the ] in ], laws prohibiting marriage between Italians and non-Europeans<ref>Joshua D. Zimmerman, ''Jews in Italy Under Fascist and Nazi Rule, 1922-1945'', pp. 119-120</ref> were passed in Italy and its colonies. A ]'s resolution reiterated the prohibition of marriage between Italians and people belonging to "Hamitic, Semitic, and other non-Aryan races"; it established also a ban on marriage between public servants and foreigners.<ref>Davide Rodogno (3 August 2006). Fascism's European Empire: Italian Occupation During the Second World War. Cambridge University Press. p. 65.</ref> A list made in summer 1938 classified ], Arabs and Berbers, ], Indians, Armenians, Turks, Yemenites, Palestinians as non-Aryans.<ref>{{cite web | title=Rassegna stampa: "Arabi e negri? Non sono ariani" Le leggi razziali del '38 e le circolari emanate dal regime fascista | website=Università degli Studi di Roma "Tor Vergata" | url=http://www.uniroma2.it/quaderni/AttSci/Manifest | language=it | access-date=8 August 2023}}</ref>
[[File:US miscegenation.svg|thumb|center|500px|U.S States, by the date of repeal of anti-miscegenation laws:
{{legend|#d3d3d3|No laws passed}}
{{legend|#5b9e39|Before 1887}}
{{legend|#f3ee66|1948 to 1967}}
{{legend|#cc2f2f|12 June 1967}}]]


An analogous legislation was adopted in 1942 in the ].<ref>{{cite web |title=provvedimenti in materia matrimoniale e in difesa della razza |trans-title=Archive of Laws, Decrees and Regulations |url=https://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17010145.html |website=Consiglio Grande e Generale|language=it |date=1942}}</ref>
===Anti-miscegenation laws repealed until 1887===
{|class="wikitable"
|-
! State !! First law passed !! Law repealed !! Races banned from marrying whites !! Note
|-
|] || 1829 || 1874 || Blacks ||
|-
|] || 1839 || 1851 || Blacks ||
|-
|] || 1855 || 1859 || Blacks || Law repealed before reaching statehood
|-
|] || 1857 || 1866 || Blacks || Law repealed before reaching statehood
|-
|] || 1821 || 1883 || Blacks, Native Americans ||
|-
|] || 1705 || 1843 || Blacks, Native Americans || Passed the ] preventing out-of-state couples from circumventing their home-state anti-miscegenation laws
|-
|] || 1838 || 1883 || Blacks ||
|-
|] || 1861 || 1887 || Blacks || Last state to repeal its anti-miscegenation law before California did so in 1948
|-
|] || 1725 || 1780 || Blacks ||
|-
|] || 1798 || 1881 || Blacks, Native Americans ||
|-
|] || 1855 || 1868 || Blacks, Native Americans || Law repealed before reaching statehood
|}


===Pre-Islamic Iberia===
===Anti-miscegenation laws repealed 1948-1967===
After the fall of the Western Roman Empire in the late 5th century, the ] established the ] in ], ruling the peninsula as a dominant minority. The Visigoths were subjected to their own ], and were forbidden from intermarrying with indigenous Iberians. This law was abolished in the end of the 6th century however, and by that time so many intermarriages had occurred that any reality of a biologically-linked Visigothic identity were "visibly crumbling", in the words of ]. The Visigothic nobles and princes married Hispano-Romans and converted to Nicean Christianity, and the connection between Visigoths, their religion and royal authority became obscure.<ref>{{cite book |last1=Langmuir |first1=Gavin I. |title=Toward a Definition of Antisemitism |date=1 February 1996 |publisher=University of California Press |isbn=978-0-520-90851-2 |page=80 |url=https://books.google.com/books?id=3md6PVqRKTEC&pg=PA80 |language=en}}</ref><ref name="Spain">{{cite web |url=https://www.britannica.com/place/Spain/Iberians |title=Spain: Visigothic Spain to c. 500 |website=] |access-date=August 23, 2018 |quote=Despite the collapse of imperial rule in Spain, Roman influence remained strong. The majority of the population, probably about six million, were Hispano-Romans, as compared with 200,000 barbarians... A Roman law that prohibited intermarriage between the two peoples was, however, abolished in the late 6th century. Still, the task of bringing the two peoples together and of achieving some sort of political and cultural unity was a formidable one.}}</ref>
{|class="wikitable"
! State !! First law passed !! Law repealed !! Races banned from marrying whites !! Note
|-
|] || 1865 || 1962 || Blacks, Asians, Filipinos, Indians
|| Filipinos ("]") and Indians (]) added to list of "races" in 1931
|-
|] || 1850 || 1948 || Blacks, Asians, Filipinos || Anti-miscegenation law overturned by state judiciary in ] case '']''
|-
|] || 1864 || 1957 || Blacks ||
|-
|] || 1864 || 1959 || Blacks, Native Americans, Asians ||
|-
|] || 1818 || 1965 || Blacks ||
|-
|] || 1692 || 1967 || Blacks, Filipinos || Repealed its law in response to the start of the '']'' case
|-
|] || 1909 || 1953 || Blacks, Asians ||
|-
|] || 1855 || 1963 || Blacks, Asians ||
|-
|] || 1861 || 1959 || Blacks, Native Americans, Asians, Filipinos ||
|-
|] || 1909 || 1955 || Blacks ||
|-
|] || 1862 || 1951 || Blacks, Native Americans, Asians, Native Hawaiians ||
|-
|] || 1909 || 1957 || Blacks, Asians, Filipinos ||
|-
|] || 1852 || 1963 || Blacks, Asians, Filipinos ||
|-
|] || 1913 || 1965 || Blacks, Asians, Filipinos || The last state to start forbidding miscegenation|
|}


===British colonies===
===Anti-miscegenation laws overturned on 12 June 1967 by '']''===
In 1909, the British Colonial Office published a circular known as the "Concubine Circular", officially denouncing officials who kept native mistresses, accusing them of "lowering" themselves in the eyes of the native population.<ref name=owen>{{cite book |last1=Owen |first1=Norman G. |title=The Emergence of Modern Southeast Asia: A New History |date=30 November 2004 |publisher=University of Hawaii Press |isbn=9780824841942 |page=248}}</ref> Some colonial officials such as Hugh Clifford, in his 1898 novel ''Since the Beginning: A tale of an Eastern Land'', attempted to defend their relationships with native women as being purely physical, while their relationship with a white wife was "purer".<ref name=owen/> The 1909 circular was part of a wider British movement to maintain an "imperial race" kept at a distance from the native population. However, these efforts did not amount to a rigorous effort to eradicate such practices due to the large number of officials who engaged in such relationships.<ref>{{cite book |last1=Ronald Hyam |title=Understanding the British Empire |date=2010 |publisher=Cambridge University Press |isbn=9781139788465 |pages=219–220}}</ref>
{|class="wikitable"
! State !! First law passed !! Races banned from marrying whites || Note
|-
|] || 1822 || Blacks ||Repealed during Reconstruction, law later reinstated
|-
|] || 1838 || Blacks || Repealed during Reconstruction, law later reinstated
|-
|] || 1721 || Blacks ||
|-
|] || 1832 || Blacks || Repealed during Reconstruction, law later reinstated
|-
|] || 1750 || All non-whites ||
|-
|] || 1792 || Blacks ||
|-
|] || 1724 || Blacks || Repealed during Reconstruction, law later reinstated
|-
|] || 1822 || Blacks, Asians || Repealed during Reconstruction, law later reinstated
|-
|] || 1835 || Blacks, Asians ||
|-
|] || 1715 || Blacks, Native Americans ||
|-
|] || 1897 || Blacks ||
|-
|] || 1717 || All non-whites || Repealed during Reconstruction, law later reinstated
|-
|] || 1741 || Blacks, Native Americans ||
|-
|] || 1837 || Blacks, Filipinos ||
|-
|] || 1691 || All non-whites || Previous anti-miscegenation law made more severe by ]
|-
|] || 1863 || Blacks ||
|-
|}

==Arab World==
With the rise of ] in the 20th century, inter-ethnic marriage has become an issue in several modern ], where laws and ] exist which revoke the ] of women who marry men not native to the woman's country of birth, or to men who are non-] in particular. Women who follow through on this choice run a risk of being subjected to ]s by male family members.<ref>{{citeweb|title=Violence Against Women and "Honor" Crimes|url=http://www.hrw.org/press/2001/04/un_oral12_0405.htm|publisher='']''|accessdate=2001-04-06}}</ref><ref>{{cite web | url=http://www.spiegel.de/international/0,1518,344374,00.html | author=Jody K. Biehl | title=The death of a Muslim woman - "The Whore Lived Like a German" | date=2005-03-02 | accessdate=2008-09-20}}</ref><ref>{{cite web | url=http://news.nationalgeographic.com/news/2002/02/0212_020212_honorkilling.html | author=Hillary Mayell | title=Thousands of Women Killed for Family "Honor" | date=2002-02-12 | accessdate=2008-09-20}}</ref>

==Asia==
===China===
There have been various periods in the ] where large numbers of ]s, ] and ] from the "]" (] and ]) migrated to ], beginning with the arrival of ] in the 7th century. Due to the majority of these immigrants being male, they often intermarried with local ] females. There were laws and policies which discouraged miscegenation during the ], 836 AD, a decree forbidding Chinese to have relations with peoples of color, such as Iranians, Arabs, Indians, Malays, Sumatrans, and so on.<ref>{{Citation
|last=Gernet
|first=Jacques
|title=A History of Chinese Civilization
|edition=2
|publisher=Cambridge University Press
|year=1996
|url=http://books.google.com/books?id=jqb7L-pKCV8C
|page=294
}}, ISBN 0521497817, ISBN 9780521497817.</ref> Race riots and massacres resulting in the deaths of several thousand Muslim merchants like Arabs and Persians in Hangzhou occurred. These laws were later relaxed during the ], which allowed ] with official titles to intermarry with Chinese imperial princesses. Immigration to China increased under the ], when large numbers of West and Central Asians were brought over to help govern ] in the 13th century. Intermarriage was later encouraged during the ].<ref name=colorq>{{cite web|title=Chinese of Arab and Persian descent|publisher=ColorQ World|url=http://www.colorq.org/MeltingPot/article.aspx?d=Asia&x=ChineseWestAsians|accessdate=2008-12-23}}</ref>

During the ], ] and Mongols were prohibited from marrying the Han Chinese but those within the ] were exempt, usually a Manchu bannerman to a Han bannerwoman.<ref>Ebrey, Patricia (1993). Chinese Civilization: A Sourcebook. Simon and Schuster,</ref> In 1822, all Manchu men were given the right to marry Han women. The edict prohibiting miscegenation was thoroughly repealed on February 1, 1902.

===British India===
As British females began arriving to ] in large numbers around the early to mid-19th century, miscegenation became increasingly uncommon there and was later despised after the events of the ], known as "]" to the Indians and as the "Sepoy Mutiny" to the British, where Indian ]s rebelled against the British East India Company. While incidents of ] committed by Indian rebels against English women and girls were generally uncommon during the rebellion, this was exaggerated to great effect by the ] in order to justify vicious reprisals in the short run and continued ] in the ] in the long run.<ref>{{citation|title=Vanishing Women: Magic, Film, and Feminism|first=Karen Redrobe|last=Beckman|publisher=]|year=2003|isbn=0822330741|pages=31–3}}</ref>

Despite the questionable authenticity of many colonial accounts regarding the rebellion, the ] "dark-skinned rapist" occurred frequently in ] of the late 19th and early 20th centuries. The idea of protecting English "female chastity" from the "lustful Indian male" had a significant influence on the the policies of the ]. However, while widespread prejudice, and the fear of professional and personal ruin prevented significant numbers from inter-marrying, there were no formal laws prohibiting marriage between Britons and Indians in British-ruled India.

===Malaysia===
In ], the majority of inter-ethnic marriages are between ] and ]. The offspring of such marriages are informally known as "]", though the Malaysian government only classifies them by their father's ethnicity. As the majority of these intermarriages usually involve an Indian groom and Chinese bride, the majority of Chindians in Malaysia are usually classified as "Indian" by the Malaysian government. Certain anti-miscegenation laws apply to the ], however, who are predominantly ]. Legal restrictions in Malaysia make it very difficult for Malays to intermarry with either the Chinese or Indian populations.<ref>{{citation |last=Daniels |first=Timothy P. |year=2005 |title=Building Cultural Nationalism in Malaysia |publisher=] |isbn=0415949718 |page=189 }}</ref>

===Pakistan===
In 2008, several ]i senators defended the practice of burying young women alive who were judged guilty by tribal elders of having engaged in a relationship with men not of their tribe.<ref>{{cite web | url=http://www.wluml.org/english/newsfulltxt.shtml?cmd157=x-157-562354 | author=Ahmed Hassan, Dawn Newspaper (Pakistan) | title=Pakistan: Activists respond to women buried alive; no cultural justifications for murder! | date=2008-04-09 | accessdate=2008-09-20}}</ref>

==Europe==
===Spain===
After the ] in the 8th century, the ] of ] was established in the ], where it was common for ] and ] males from ] to intermarry with the local ], ], ] and ] females of ].<ref>], ''''</ref><ref>] (1992), ''Golden Age of the Moor'', ], ISBN 1560005815</ref> The offspring of such marriages were known as '']'' or ''Muwallad'', an ] term still used in the modern ] to refer to people with an Arab parent and a ] parent.<ref>Kees Versteegh, et al. Encyclopedia of Arabic Language and Linguistics, BRILL, 2006.</ref> This term was also the origin for the ] word '']''.<ref>{{cite web|url=http://www.mgar.net/var/esclavos3.htm|title=La esclavitud en Huelva y Palos (1570-1587)|last=Izquierdo Labrado|first=Julio|language=Spanish|accessdate=2008-07-14}}</ref><ref>{{cite web|url=http://www.syriatoday.ca/salloum-arab-lan.htm|title=The impact of the Arabic language and culture on English and other European languages|last=Salloum|first=Habeeb |publisher=The Honorary Consulate of Syria|accessdate=2008-07-14}}</ref>

By the 11th or 12th century, the Muslim population of Al-Andalus had merged into a homogeneous group of people known as the "]". After the ], which was completed in 1492, most of the Moors were forced to either flee to ] or ]. The ones who converted to Christianity were known as ]es, and they were often targeted by the ] as suspects of ] on the basis of the '']'' ("Cleanliness of blood") or "]" doctrine, under which anti-miscegenation laws were implemented in ], which prevented miscegenation between those with pure European blood and those with Moorish or ]ish blood.<ref>] (1983), ''Aristocrats'', p. 67, ]</ref> Anyone whose ancestors had miscegenated with the Moors or Jews were also especially monitored by the Inquisition to prevent their return to the Islamic or Jewish faiths.

===France===
During ], there were 135,000 soldiers from ],<ref name=Enloe>{{citation|title=Maneuvers: The International Politics of Militarizing Women's Lives|first=Cynthia H.|last=Enloe|publisher=]|year=2000|isbn=0520220714|page=61}}</ref> a large number of soldiers from French ],<ref>{{citation|title=Race, Sex, and War: The Impact of Race and Sex on Morale and Health Services for the Indian Corps on the Western Front, 1914|first=Jeffrey|last=Greenhut|journal=Military Affairs|volume=45|issue=2|date=April 1981|publisher=]|pages=71–74|doi=10.2307/1986964}}</ref> and 20,000 labourers from ],<ref>{{citation|title=Battle Colors: Race, Sex, and Colonial Soldiery in World War I|first=Philippa|last=Levine|journal=Journal of Women's History|volume=9|year=1998}}</ref> who served in ]. Much of the ] male population had gone to war, leaving behind a surplus of French females,<ref>{{citation|title=Race, Sex, and War: The Impact of Race and Sex on Morale and Health Services for the Indian Corps on the Western Front, 1914|first=Jeffrey|last=Greenhut|journal=Military Affairs|volume=45|issue=2|date=April 1981|publisher=]|pages=71–74 |doi=10.2307/1986964}}</ref> many of whom formed interracial relationships with non-white soldiers, mainly ]<ref>{{citation|title=Personal Perspectives: World War I|first=Timothy C.|last=Dowling|publisher=]|year=2006|isbn=1851095659|pages=35–6}}</ref><ref name=Omissi>{{citation|title=Europe Through Indian Eyes: Indian Soldiers Encounter England and France, 1914–1918|first=David|last=Omissi|journal=]|year=2007|volume=CXXII|issue=496|publisher=]|doi=10.1093/ehr/cem004|pages=371–96}}</ref> and North African.<ref name=Enloe/> British and French authorities allowed foreign ] soldiers to intermarry with local French females on the basis of ], which allows marriage between Muslim males and ] and ]ish females. On the other hand, ] soldiers in France were restricted from intermarriage on the basis of the ].<ref name=Omissi/>

While the French were not as concerned about interracial relationships, the British made attempts to prevent their Indian troops from engaging in such relationships with ] females, by implementing curfews and preventing female nurses from servicing wounded Indian troops in British-run hospitals.<ref>{{citation|title=Race, Sex, and War: The Impact of Race and Sex on Morale and Health Services for the Indian Corps on the Western Front, 1914|first=Jeffrey|last=Greenhut|journal=Military Affairs|volume=45|issue=2|date=April 1981|publisher=]|pages=71–74|doi=10.2307/1986964}}</ref> On the other hand, French-run hospitals had no problem with having female nurses servicing wounded Indian and North African soldiers, though contacts with ] labourers and soldiers were more severely restricted by both British and French authorities.<ref name=Enloe/><ref>{{citation|first=Lucy|last=Bland|title=White Women and Men of Colour: Miscegenation Fears in Britain after the Great War|journal=Gender & History|volume=17|issue=1|date=April 2005|pages=29–61 |doi=10.1111/j.0953-5233.2005.00371.x}}</ref>

===United Kingdom===
Following ], there was a large surplus of females in the ],<ref>{{citation|title=The Infidel Within: The History of Muslims in Britain, 1800 to the Present|first=Humayun|last=Ansari|year=2004|publisher=C. Hurst & Co. Publishers|isbn=1850656851|page=94}}</ref> and there were increasing numbers of seamen arriving from the ], ], ] and ]. This led to increased intermarriage and cohabitation with local ] females, which raised concerns over miscegenation and led to several ]s at the time.<ref>{{citation|first=Lucy|last=Bland|title=White Women and Men of Colour: Miscegenation Fears in Britain after the Great War|journal=Gender & History|volume=17|issue=1|date=April 2005|pages=29–61|doi=10.1111/j.0953-5233.2005.00371.x}}</ref> In the 1920s to 1940s, several legal scholars raised concerns about an increasing ']' population, born mainly from foreign ] (mostly ] as well as ], ] and ]) fathers and local white mothers, occasionally out of wedlock. They denounced white girls who mixed with foreign Muslim men as 'shameless' and called for a legistlative ban on the breeding of 'half-caste' children. These calls for anti-miscegenation laws were unsuccessful, however.<ref>{{citation|title=The Infidel Within: The History of Muslims in Britain, 1800 to the Present|first=Humayun|last=Ansari|year=2004|publisher=C. Hurst & Co. Publishers|isbn=1850656851|pages=93–4}}</ref>

===Nazi Germany===
In ], an anti-miscegenation law was enacted by the ] government in September 1935 as part of the ]. The ''Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre'' (Protection of German Blood and German Honor Act), enacted on 15 September 1935, forbade marriage and extramarital sexual relations between persons of ]ish origin and persons of “German or related blood”. On November 14, the law was extended to ] and ]<ref>{{cite web
|url=http://www.ushmm.org/outreach/nlawchr.htm
|title=Nuremberg Laws: Nazi Racial Policy 1935
|author=US Holocaust Memorial Museum
}}</ref>. Such intercourse was marked as ''Rassenschande'' (lit. ''race-disgrace'') and could be punished by imprisonment (usually followed by the deportation to a ]) and even by death. The Nuremberg Laws were discarded after the capitulation of the Nazi regime to the Allies in May 1945.

==South Africa under Apartheid==
]’s ], passed in 1949 under ], forbade marriages between whites and non-whites. The ] (No. 30) of 1950 provided the basis for separating the population of South Africa into different races. Under the terms of this act, all residents of South Africa were to be classified as white, ], or native (later called ]) people. Indians were included under the category "Asian" in 1959. Also in 1950, the ] was passed, which criminalized all ] between whites and non-whites. The Immorality Act of 1950 extended an earlier ban on sexual relations between whites and blacks (the Immorality Act of 1927) to a ban on sexual relations between whites and any non-whites.<ref>{{Citation
|url=http://countrystudies.us/south-africa/
|title=South Africa: A Country Study
|location=Washington
|publisher=GPO for the Library of Congress
|year=1996
|chapter=Legislative Implementation of Apartheid
|chapter-url=http://countrystudies.us/south-africa/25.htm
|editor=Rita M. Byrnes
|accessdate=]}}</ref> Both Acts were repealed in 1985.

==Footnotes==

"Jack Johnson and White Women: The National Impact", Al-Tony Gilmore, ''Journal of Negro History'' (Vol. 58, No. 1, 18-38, Jan., 1973).


==See also== ==See also==
{{Div col|colwidth=30em}}
*] *]
*] *]
*]
*]
*]
*]
*] *]
*]
*]
*]
*]
*]
*]
*]
*]
*]
*] *]
*]
*]
*]
*]
*]
*]
*] *]
{{colend}}
*]
*]
*]


==References== ==References==
{{reflist|2}} {{Reflist|30em}}

===Bibliography===
* {{cite book |last1=Crowe |first1=David M. |author1-link=David M. Crowe |title=A History of the Gypsies of Eastern Europe and Russia |date=1995 |publisher=] |isbn=978-0312086916 |edition=1995}}

==Further reading==
* {{cite web|url=https://www.theglobeandmail.com/life/parenting/mothers-day/the-canadian-marriage-at-150-a-look-back/article33962570/|title=The Canadian marriage at 150: A look back|date=November 12, 2017|publisher=theglobeandmail.com|access-date=December 8, 2017}}
* {{cite web|url=https://www.cpsa-acsp.ca/papers-2008/Thompson.pdf|last=Thompson|first=Debra|title=Nation and Miscegenation: Comparing Anti-Miscegenation Regulations in North America|publisher=Canadian Political Science Association|year=2008}}


==External links==
*
*
*
{{Segregation by type|state=collapsed}} {{Segregation by type|state=collapsed}}
{{Racism topics}}


{{DEFAULTSORT:Anti-Miscegenation Laws}}
] ]
] ]
] ]
] ]
] ]
]

]

Latest revision as of 18:31, 4 December 2024

Legislation prohibiting interracial relationships
Part of a series on
Discrimination
Forms
Attributes
Social
Religious
Ethnic/national
Manifestations
Policies
Countermeasures
Related topics

Anti-miscegenation laws are laws that enforce racial segregation at the level of marriage and intimate relationships by criminalizing interracial marriage sometimes, also criminalizing sex between members of different races.

In the United States, interracial marriage, cohabitation and sex have been termed "miscegenation" since the term was coined in 1863. Contemporary usage of the term is infrequent, except in reference to historical laws which banned the practice. Anti-miscegenation laws were first introduced in North America by the governments of several of the Thirteen Colonies from the late seventeenth century onward, and subsequently, they were introduced by the governments of many U.S. states and U.S. territories and they remained in force in many US states until 1967. After the Second World War, an increasing number of states repealed their anti-miscegenation laws. In 1967, in the landmark case Loving v. Virginia, the remaining anti-miscegenation laws were ruled unconstitutional by the U.S. Supreme Court under Chief Justice Earl Warren.

Anti-miscegenation laws were also enforced in Nazi Germany as a part of the Nuremberg Laws which were passed in 1935, and they were also enforced in South Africa as a part of the system of apartheid which was introduced in 1948.

United States

Main article: Anti-miscegenation laws in the United States
Sex and the law
Social issues
Specific offences
(varies by jurisdiction)
Sex offender registration
Portals

The first ever anti-miscegenation law was passed by the Maryland General Assembly in 1691, criminalizing interracial marriage. In a speech in Charleston, Illinois, in 1858, Abraham Lincoln stated, "I am not, nor ever have been in favor of making voters or jurors of negroes, nor of qualifying them to hold office, nor to intermarry with white people". By the late 1800s, 38 U.S. states had anti-miscegenation statutes. By 1924, the ban on interracial marriage was still in force in 29 states. While interracial marriage had been legal in California since 1948, in 1957 actor Sammy Davis Jr. faced backlash for his relationship with a white woman, actress Kim Novak. In 1958, Davis briefly married a black woman, actress and dancer Loray White, to protect himself from mob violence.

In 1958, officers in Virginia entered the home of Richard and Mildred Loving and dragged them out of bed for living together as an interracial couple, on the basis that "any white person intermarry with a colored person"— or vice versa—each party "shall be guilty of a felony" and face prison terms of five years. When former president Harry S. Truman was asked by a reporter in 1963 if interracial marriage would become widespread in the U.S., he responded, "I hope not; I don’t believe in it", before adding "Would you want your daughter to marry a Negro? She won't love someone who isn't her color." In 1967 the law banning interracial marriage was ruled unconstitutional (via the 14th Amendment adopted in 1868) by the U.S. Supreme Court in Loving v. Virginia. Many states refused to adapt their laws to this ruling with Alabama in 2000 being the last US state to remove anti-miscegenation language from the state constitution. Even with many states having repealed the laws and with the state laws becoming unenforceable, in the United States in 1980 only 2% of marriages were interracial.

Anti-miscegenation is a part of American domestic terrorist ideology; the Phineas Priesthood, considered by the New York's Anti-Defamation_League of B'nai B'rith to be more an ideology without organizational structure, opposed interracial marriage. The name is a reference to the Old Testament priest Phineas who, according to the Bible, murdered an Israelite man as he lay with a Midianite woman.

South Africa

Early prohibitions on interracial marriages date back to the rule of the Dutch East India Company when High Commissioner Van Rheede prohibited marriages between European settlers and heelslag or full-blooded slave women (that is, of pure Asian or African origin) in 1685. The ban was never enforced.

In 1905, German South West Africa banned the "Rassenmischehe" (racial mixed marriage). These bans had no legal basis in German citizenship laws (issued in 1870 and 1913) and the "decrees issued by either a colonial governor or the colonial secretary", they were "not laws that had received the approval of the Reichstag". Similar such laws were also adopted in the German colonies of German East Africa (1906) and German Samoa (1912).

In 1927, the Pact coalition government passed a law prohibiting marriages between whites and blacks (though not between whites and "coloured" people). An attempt was made to extend this ban in 1936 to marriages between whites and coloureds when a bill was introduced in parliament, but a commission of inquiry recommended against it.

South Africa's Prohibition of Mixed Marriages Act, passed in 1949 under apartheid, forbade marriages between whites and anyone who was deemed to be non-whites. The Population Registration Act (No. 30) of 1950 provided the basis for separating the population of South Africa into different races. Under the terms of this act, all residents of South Africa were to be classified as either a native "white" South African, a "black" immigrant (these typically originating from Bantu lands across the border to the north), or a "colored" person of visibly mixed race parentage. Indians were included under the category "Asian" in 1959. Also in 1950, the Immorality Act was passed, which criminalized all sexual relations between whites and non-whites. The Immorality Act of 1950 extended an earlier ban on sexual relations between whites and blacks (the Immorality Act of 1927) to a ban on sexual relations between whites and any non-whites. Both Acts were repealed in 1985 as a part of the reforms which were carried out during the tenure of P. W. Botha.

Australia

In the late 19th and early 20th centuries, so-called Half-Caste Acts in the Northern Territory, Western Australia and Queensland regulated marriage between indigenous and non-indigenous adults, often requiring permission from an official to marry. Officials were concerned with controlling relations between indigenous women and Chinese fishermen and pearl divers. From the mid-1930s there was a shift to control who Aboriginal peoples could marry, in order to promote assimilation, until 1961 when the federal Marriage Act removed all restrictions.

Asia

China

Laws and policies which discouraged miscegenation were passed during the rule of various dynasties, including an 836 AD decree which forbade Chinese people from having relationships with members of other people groups such as Iranians, Africans, Arabs, Indians, Malays, Sumatrans, and so on.

India

While there are no specific provisions regarding the freedom to marry someone who is a member of a different race in the Constitution of India, Article 21 of the Constitution, which is a Fundamental Right, is widely regarded as to provide that freedom as it comes under "personal liberty", which the Constitution guarantees to protect.

After the events of the Indian Rebellion of 1857, several anti-miscegenation laws were passed by the British colonial government.

North Korea

After the deterioration of relations between North Korea and the Soviet Union in the 1960s, North Korea began to enact practices such as forcing its male citizens who had married Eastern European women to divorce them.

Additionally, the North Korean government has been accused of performing forced abortions and infanticides on repatriated defectors to "prevent the survival of half-Chinese babies".

Europe

Nazi Germany

The U.S. was the global leader of countries where codified racism was practiced, and its race laws fascinated the Nazis. The National Socialist Handbook for Law and Legislation of 1934–1935, edited by the lawyer Hans Frank, contains a pivotal essay by Herbert Kier on the recommendations for race legislation which devoted a quarter of its pages to U.S. legislation—from segregation, race based citizenship, immigration regulations, and anti-miscegenation. The Nazis enacted miscegenation statutes which discriminated against Jews, Roma and Sinti ("Gypsies"), and Black people. The Nazis considered the Jews to be a race supposedly bound by close genetic (blood) ties to form a unit which one could neither join nor secede from, rather than a religious group of people. The influence of Jews had been declared to have detrimental impact on Germany, in order to justify the discrimination and persecutions of Jews. To be spared, one had to prove one's Aryan descent, normally by obtaining an Aryan certificate.

Jews, Romani and Black people

Although Nazi doctrine stressed the importance of physiognomy and genes in determining race, in practice, race was only determined through the religions which were followed by each individual's ancestors. Individuals were considered non-'Aryan' (i.e. Jewish) if at least three of four of their grandparents had been enrolled as members of a Jewish congregation; it did not matter if those grandparents had been born to a Jewish mother or had converted to Judaism. The actual religious beliefs of the individual himself or herself were also immaterial, as was the individual's status under halakhic law.

1935 chart shows racial classifications under the Nuremberg Laws and the definitions of a German, a Mischlinge and a Jew.

An anti-miscegenation law was enacted by the Nazi government in September 1935 as a part of the Nuremberg Laws. The Law for the Protection of German Blood and German Honour ('Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre'), enacted on 15 September 1935, forbade sexual relations and marriages between Germans classified as so-called 'Aryans' and Germans classified as Jews. This applied also to marriages concluded in Germany with only one spouse of German citizenship. On 26 November 1935, the law was extended to include, "Gypsies, Negroes or their bastard offspring". Such extramarital intercourse was marked as Rassenschande ("race defilement") and could be punished by imprisonment — later usually followed by the deportation to a concentration camp, often entailing the inmate's death. Germans of African and other non-European descent were classified following their own origin or the origin of their parents. Sinti and Roma ("Gypsies") were mostly categorised following police records, e.g. mentioning them or their forefathers as Gypsies, when having been met by the police as travelling peddlers.

The existing 20,454 (as of 1939) marriages between persons racially regarded as so-called 'Aryans' and non-Aryans — called mixed marriages (German: Mischehe) — would continue. However, the government eased the conditions for the divorce of mixed marriages. In the beginning the Nazi authorities hoped to make the 'Aryan' partner get a divorce from their non-Aryan-classified spouses, by granting easy legal divorce procedures and opportunities for the 'Aryan' spouse to withhold most of the common property after a divorce. Those who stuck to their spouse would suffer discriminations like dismissal from public employment, exclusion from civic society organisations, etc.

Any children — whenever born — within a mixed marriage, as well as children from extramarital mixed relationships born until 31 July 1936, were discriminated against as Mischlinge. However, children later born to mixed parents, not yet married at passing the Nuremberg Laws, were to be discriminated against as Geltungsjuden, regardless if the parents had meanwhile married abroad or remained unmarried. Any children who were enrolled in a Jewish congregation were also subject to discrimination as Geltungsjuden.

According to the Nazi family value attitude, the husband was regarded the head of a family. Thus people living in a mixed marriage were treated differently according to the sex of the 'Aryan' spouse and according to the religious affiliation of the children, their being or not being enrolled with a Jewish congregation. Nazi-termed mixed marriages were often not interfaith marriages, because in many cases the classification of one spouse as non-Aryan was only due to her or his grandparents being enrolled with a Jewish congregation or else classified as non-Aryan. In many cases both spouses had a common faith, either because the parents had already converted or because at marrying one spouse converted to the religion of the second (marital conversion). Traditionally the wife used to be the convert. However, in urban areas and after 1900, actual interfaith marriages occurred more often, with interfaith marriages legally allowed in some states of the German Confederation since 1847, and generally since 1875, when civil marriage became an obligatory prerequisite for any religious marriage ceremony throughout the united Germany.

Most mixed marriages occurred with one spouse being considered as non-Aryan, due to his or her Jewish descent. Many special regulations were developed for such couples. A differentiation of privileged and other mixed marriages emerged on 28 December 1938, when Hermann Göring discretionarily ordered this in a letter to the Reich's Ministry of the Interior. The "Gesetz über die Mietverhältnisse mit Juden" (English: Law on Tenancies with Jews) of 30 April 1939, allowing proprietors to unconditionally cancel tenancy contracts with Germans classified as Jews, thus forcing them to move into houses reserved for them, for the first time enacted Göring's creation. The law defined privileged mixed marriages and exempted them from the act.

The legal definitions decreed that the marriage of a Gentile husband and his wife, being a Jewess or being classified as a Jewess due to her descent, was generally considered to be a privileged mixed marriage, unless they had children who were enrolled in a Jewish congregation. Then the husband was obviously not the dominant part in the family and the wife had to wear the yellow badge and the children as well, who were thus discriminated against as Geltungsjuden. Without children, or with children not enrolled with a Jewish congregation, the Jewish-classified wife was spared from wearing the yellow badge (else compulsory for Germans classified as Jews as of 1 September 1941).

In the opposite case, when the wife was classified as a so-called 'Aryan' and the husband as a Jew, the husband had to wear the yellow badge, if they had no children or children enrolled with a Jewish congregation. In case they had common children not enrolled in a Jewish congregation (irreligionist, Christian etc.) they were discriminated as Mischlinge and their father was spared from wearing the yellow badge.

Since there was no elaborate regulation, the practice of exempting privileged mixed marriages from anti-Semitic invidiousnesses varied amongst Greater Germany's different Reichsgaue. However, all discriminations enacted until 28 December 1938, remained valid without exemptions for privileged mixed marriages. In the Reichsgau Hamburg, for example, Jewish-classified spouses living in privileged mixed marriages received equal food rations like Aryan-classified Germans. In many other Reichsgaue they received shortened rations. In some Reichsgaue in 1942 and 1943, privileged mixed couples, and their minor children whose father was classified as a Jew, were forced to move into houses reserved for Jews only; this effectively made a privileged mixed marriage one where the husband was the one classified as so-called 'Aryan'.

The inconsistent application of privileged mixed marriages led to different compulsions to forced labour in 1940: Sometimes it was ordered for all Jewish-classified spouses, sometimes for Jewish-classified husbands, sometimes exempting Jewish-classified wives taking care of minor children. No document or law indicated the exemption of a mixed marriage from some persecutions and especially of its Jewish-classified spouse. Thus if arrested, non-arrested relatives or friends had to prove their exemption status, hopefully fast enough to rescue the arrested from any deportation.

Systematic deportations of Jewish Germans and Gentile Germans of Jewish descent started on 18 October 1941. German Jews and German Gentiles of Jewish descent living in mixed marriage were in fact mostly spared from deportation. In case a mixed marriage ended by death of the 'Aryan' spouse or divorce, the Jewish-classified spouse residing within Germany was usually deported soon after, unless the couple still had minor children not counting as Geltungsjuden.

In March 1943, an attempt to deport the Berlin-based Jews and Gentiles of Jewish descent living in non-privileged mixed marriages, failed due to public protest by their relatives-in-law of 'Aryan kinship' (see Rosenstrasse protest). Also, the Aryan-classified husbands and Mischling-classified children (starting at the age of 16) from mixed marriages were taken by the Organisation Todt for forced labour, starting in autumn 1944.

A last attempt, undertaken in February/March 1945 ended, because the extermination camps already were liberated. However, 2,600 from all areas of the Reich, not yet captured by the Allies, were deported to Theresienstadt, of whom most survived the last months until their liberation.

With the defeat of Nazi Germany in 1945 the laws banning mixed marriages were lifted again. Marriage dates could be backdated, if so desired, for couples who lived together unmarried during the Nazi era due to the legal restrictions, upon marrying after the war. Even if one spouse was already dead, the marriage could be retroactively recognised, in order to legitimise any children and enable them or the surviving spouse to inherit from their late father or partner, respectively. In the West German Federal Republic of Germany 1,823 couples applied for recognition (until 1963), which was granted in 1,255 cases.

France

In 1723, 1724 and 1774 several administrative acts forbade interracial marriages, mainly in colonies, although it is not clear if these acts were lawful. On 2 May 1746, the Parlement de Paris validated an interracial marriage.

Under King Louis XVI, the order of the Conseil du Roi of 5 April 1778, signed by Antoine de Sartine, forbade "whites of either sex to contract marriage with blacks, mulattos or other people of color" in the Kingdom, as the number of blacks had increased so much in France, mostly in the capital. Nevertheless, it was an interracial marriage prohibition, not an interracial sex prohibition. Moreover, it was an administrative act, not a law. There was never any racial law about marriage in France, with the exception of French Louisiana. But some restricted rules were applied about heritage and nobility. In any case, nobles needed the King's authorization for their marriage.

On 20 September 1792, all restrictions regarding interracial marriage were repealed by the Revolutionary government. On 8 January 1803, a Napoleonic governmental circular forbade marriages between white males and black women, or black men and white women, although the 1804 Napoleonic code did not mention anything specific about interracial marriage. In 1806, a French court validated an interracial marriage. In 1818, the highest French court (cour de cassation) validated a marriage contracted in New York between a white man and a colored woman. All administrative prohibitions were canceled by a law in 1833.

Italy

After the fall of the Western Roman Empire in the late 5th century, the Ostrogoths under the Theodoric the Great established the Ostrogothic Kingdom at Ravenna, ruling Italy as a dominant minority. In order to prevent the Romanization of his people, Theodoric forbade intermarriage between Goths and Romans. Theodoric's effort to separate Goths and Romans was however not successful, as intermarriages and assimilation were common. The Rugii, a Germanic tribe which supported Theodoric while preserving its independence within the Ostrogothic Kingdom, avoided intermarriage with Goths and other tribes in order to maintain administrative control.

After the publication of the Charter of Race in Fascist Italy, laws prohibiting marriage between Italians and non-Europeans were passed in Italy and its colonies. A Grand Council's resolution reiterated the prohibition of marriage between Italians and people belonging to "Hamitic, Semitic, and other non-Aryan races"; it established also a ban on marriage between public servants and foreigners. A list made in summer 1938 classified Negroes, Arabs and Berbers, Mongolians, Indians, Armenians, Turks, Yemenites, Palestinians as non-Aryans.

An analogous legislation was adopted in 1942 in the fascist Republic of San Marino.

Pre-Islamic Iberia

After the fall of the Western Roman Empire in the late 5th century, the Visigoths established the Visigothic Kingdom in Iberia, ruling the peninsula as a dominant minority. The Visigoths were subjected to their own legal code, and were forbidden from intermarrying with indigenous Iberians. This law was abolished in the end of the 6th century however, and by that time so many intermarriages had occurred that any reality of a biologically-linked Visigothic identity were "visibly crumbling", in the words of Gavin Langmuir. The Visigothic nobles and princes married Hispano-Romans and converted to Nicean Christianity, and the connection between Visigoths, their religion and royal authority became obscure.

British colonies

In 1909, the British Colonial Office published a circular known as the "Concubine Circular", officially denouncing officials who kept native mistresses, accusing them of "lowering" themselves in the eyes of the native population. Some colonial officials such as Hugh Clifford, in his 1898 novel Since the Beginning: A tale of an Eastern Land, attempted to defend their relationships with native women as being purely physical, while their relationship with a white wife was "purer". The 1909 circular was part of a wider British movement to maintain an "imperial race" kept at a distance from the native population. However, these efforts did not amount to a rigorous effort to eradicate such practices due to the large number of officials who engaged in such relationships.

See also

References

  1. "Loving v. Virginia". Oyez. Retrieved 2019-10-03.
  2. "Loving v. Virginia". LII / Legal Information Institute. Retrieved 2019-10-03.
  3. ^ "Eugenics, Race, and Marriage". Facing History.org. Retrieved February 23, 2021.
  4. Douglas, Stephen A. (1991). The Complete Lincoln-Douglas Debates of 1858. University of Chicago Press. p. 235.
  5. ^ Lanzendorfer, Joy (August 9, 2017) "Hollywood Loved Sammy Davis Jr. Until He Dated a White Movie Star", Smithsonian Retrieved February 23, 2021.
  6. "Truman Opposes Biracial Marriage", New York Times, 12 September 1963, quoted in: Wallenstein, Peter (2004). Tell the Court I Love My Wife: Race, Marriage, and Law--An American History. St. Martin's Publishing Group. p. 185.
  7. Sengupta, Somini (November 12, 2000). "November 5–11; Marry at Will". The New York Times. Archived from the original on August 21, 2009. Retrieved May 27, 2009. The margin by which the measure passed was itself a statement. A clear majority, 60 percent, voted to remove the miscegenation statute from the state constitution, but 40 percent of Alabamans – nearly 526,000 people – voted to keep it.
  8. "Table 1. Race of Wife by Race of Husband: 1960, 1970, 1980, 1991, and 1992". census.gov. U.S. Bureau of the Census. 1994-07-05. Archived from the original on 2017-03-04. Retrieved 2017-02-20.
  9. Giliomee, Hermann (2009). The Afikaners: Biography of a People (2nd ed.). Tafelberg. p. 19. ISBN 978-0-624-04823-7.
  10. Wildenthal, Lora (2001). German Women for Empire, 1884-1945 (1st ed.). Duke UP. pp. 84–5. ISBN 978-0-8223-2819-3.
  11. Giliomee, Hermann (2009). The Afikaners: Biography of a People (2nd ed.). Tafelberg. p. 344. ISBN 978-0-624-04823-7.
  12. Rita M. Byrnes, ed. (1996), "Legislative Implementation of Apartheid", South Africa: A Country Study, Washington: GPO for the Library of Congress, retrieved 2008-01-04
  13. Parliament of Australia. "History of Marriage Laws in Australia" (PDF). aph.gov.
  14. Ellinghaus, K. (2003). "Absorbing the 'Aboriginal problem': controlling interracial marriage in Australia in the late 19th and early 20th centuries". Aboriginal History. 27: 183-207.
  15. Verass, Sophie. "Illegal love: Is this NT couple Australia's Richard and Mildred Loving". Special Broadcasting Service.
  16. Gernet, Jacques (1996), A History of Chinese Civilization (2 ed.), Cambridge University Press, p. 294, ISBN 978-0-521-49781-7
  17. Gupta, Shivani (February 14, 2015). "MARRIAGE IN INDIA". lawctopus.com. Retrieved May 18, 2020.
  18. Beckman, Karen Redrobe (2003), Vanishing Women: Magic, Film, and Feminism, Duke University Press, pp. 31–3, ISBN 0-8223-3074-1
  19. Kent, Eliza F. (2004), Converting Women, Oxford University Press US, pp. 85–6, ISBN 0-19-516507-1
  20. Andrei Lankov, The Real North Korea: Life and politics in the failed Stalinist utopia (Oxford 2015) page 20
  21. "BBC NEWS - Asia-Pacific - N Korea 'kills detainees' babies'". 22 October 2003. Retrieved 7 October 2014.
  22. ^ Whitman, James Q. (2017). Hitler's American Model: The United States and the Making of Nazi Race Law. Princeton University Press. pp. 37–43.
  23. Diemut Majer (2003). "Non-Germans" under the Third Reich. Texas Tech University Press in association with the United States Holocaust Memorial Museum. p. 102. ISBN 978-0-89672-837-0.
  24. S. H. Milton (2001). ""Gypsies" as social outsiders in Nazi Germany". In Robert Gellately and Nathan Stoltzfus (ed.). Social Outsiders in Nazi Germany. Princeton University Press. pp. 216, 231. ISBN 9780691086842.
  25. Michael Burleigh (7 November 1991). The Racial State: Germany 1933-1945. Cambridge University Press. p. 49. ISBN 978-0-521-39802-2.
  26. "The Nuremberg Race Laws". Archived from the original on 19 May 2014. Retrieved 1 May 2016.
  27. Beate Meyer, Die Verfolgung und Ermordung der Hamburger Juden 1933–1945, Landeszentrale für politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p. 80. ISBN 3-929728-85-0
  28. Before 1933 the term Mischehe referred to interfaith marriages, which was a tax office phenomenon. German tax offices deducted church tax from taxpayers, enrolled with a religious body, with the general tax collection by a surcharge on the income tax and then transferred it to the respective religious body. Interfaith mixed marriages, who were taxed as a unit, would have the charged church tax halved among the two respective religious bodies. Mostly the Roman Catholic Church, the respective Protestant regional church bodies and the Jewish congregations (in their case ending by Nazi act in March 1938) collected contributions from their members by way of church tax. Since the Nazis gave the term Mischehe a new meaning the tax offices were ordered to change their terminology to konfessionsverschiedene Ehe (English: denominationally different marriage). Cf. Cornelia Schmitz-Berning, Vokabular des Nationalsozialismus, Berlin et al.: de Gruyter, 1998, p. 409. ISBN 3-11-013379-2
  29. By the "Gesetz zur Vereinheitlichung des Rechts der Eheschließung und der Ehescheidung (EheG)" ("Act on standardisation of the law of contraction and divorce of marriages", as of 6 July 1938) divorce on so-called racial grounds was enabled. Cf. Reichsgesetzblatt (RGBl., i.e. the Reich's law gazette) 1938 I, p. 807, § 37 EheG (Bedeutungsirrtum), cf. also Alexandra Przyrembel, "Rassenschande": Reinheitsmythos und Vernichtungslegitimation im Nationalsozialismus, Göttingen: Vandenhoeck & Ruprecht, 2003, (Veröffentlichungen des Max-Planck-Instituts für Geschichte; vol. 190), p. 86 (ISBN 3-525-35188-7) or — as to contesting or dissolving a marriage — see Bernhard Müller, Alltag im Zivilisationsbruch: Das Ausnahme-Unrecht gegen die jüdische Bevölkerung in Deutschland 1933–1945; eine rechtstatsächliche Untersuchung des Sonderrechts und seiner Folgewirkungen auf den "Alltag" der Deutschen jüdischer Abstammung und jüdischen Bekenntnisses, Munich: Allitera-Verlag, 2003, simultaneously Bielefeld, Univ., Diss., 2002, pp. 344–348. ISBN 3-935877-68-4
  30. Based on an evaluation of divorce decrees, however restricted to only one former Reichsgau, the discriminations and easements caused a divorce rate of mixed marriages 20% above the general average. Many divorces followed after the couple succeeded in achieving a visa and thus emigration for the Jewish-classified spouse, so the divorce would lift the discriminations hitting the 'Aryan'-classified spouse, who stayed at home. Cf. Beate Meyer, 'Jüdische Mischlinge' — Rassenpolitik und Verfolgungserfahrung 1933–1945 (1999), Hamburg: Dölling und Galitz, (2002), (Studien zur jüdischen Geschichte; vol. 6), simultaneously Hamburg, Univ., Diss., 1998, ISBN 3-933374-22-7
  31. This was maintained by the pre-1939 practice of Jewish congregations in Germany, which denied Jewesses who married Gentiles, to be precise non-converts to Judaism, to keep their membership in a congregation. This turned the Jewesses, if they did not convert to another faith, legally into irreligionists. On the other hand, Jews marrying Gentile women could (stay) enroll(ed) as member of a Jewish congregation.
  32. Beate Meyer, "Geschichte im Film. Judenverfolgung, Mischehen und der Protest in der Rosenstraße 1943", in: Zeitschrift für Geschichtswissenschaft, vol. 52 (2004), pp. 23–36, footnote 23 on p. 28. ISSN 0044-2828. Some historians judge this intervention of Göring as a tactical measure, in order not to arouse protests by so-called 'Aryan' kinship, since after secret service reports the government organised November Pogrom in 1938 the regime did not feel so safe about the public's opinion on further anti-Semitic discriminations. Cf. Ursula Büttner, "Die Verfolgung der christlich-jüdischen 'Mischfamilien'", in: Ursula Büttner, Die Not der Juden teilen. Christlich-jüdische Familien im Dritten Reich. Beispiel und Zeugnis des Schriftstellers Robert Brendel, Hamburg: Christians, 1988, p. 44. ISBN 3-7672-1055-X
  33. Cf. Reichsgesetzblatt (RGBl., i.e. the Reich's law gazette) 1939 I, 864 § 7 law text
  34. ^ Beate Meyer, Die Verfolgung und Ermordung der Hamburger Juden 1933–1945, Landeszentrale für politische Bildung (ed.), Hamburg: Landeszentrale für politische Bildung, 2006, p. 83. ISBN 3-929728-85-0
  35. Meldungen aus dem Reich: Auswahl aus den geheimen Lageberichten des Sicherheitsdienstes der SS 1939–1944 (1965; Reports from the Reich: Selection from the secret reviews of the situation of the SS 1939–1944; 1984 extended to 14 vols.), Heinz Boberach (ed. and compilator), Munich: Deutscher Taschenbuch Verlag (dtv), 1968, (dtv-dokumente; vol. 477) p. 208. ISBN B0000BSLXR
  36. The earlier deportations of Jews and Gentiles of Jewish descent from Austria and Pomerania Province (both to occupied Poland) as well as Baden and the Palatinate (both to occupied France) had been organized in those specific areas and not generally throughout the Reich.
  37. At the Wannsee Conference the participants decided to include persons classified as Jews, but married to persons classified as so-called 'Aryans', however, only after a divorce. In October 1943 an act, facilitating compulsory divorce imposed by the state, was ready for appointment, however, Hitler never granted the competent referees an audience. Pressure by the NSDAP headquarters in early 1944 also failed. Cf. Uwe Dietrich Adam, Judenpolitik im Dritten Reich, Düsseldorf: 2003, pp. 222–234. ISBN 3-7700-4063-5
  38. 8,000 Berliners whom the Nazis had classified as Jews because of three or four grandparents survived to the summer of 1944. Their personal faith — Jewish, Protestant, Catholic or irreligionist — is mostly not recorded, since only the Nazi files report on them, which use the Nazi racial definitions. 4,700 out of the 8,000 survived due to their living in a mixed marriage. 1,400 survived by hiding, out of 5,000 who tried. 1,900 had returned from Theresienstadt. See Hans-Rainer Sandvoß, Widerstand in Wedding und Gesundbrunnen, Gedenkstätte Deutscher Widerstand (ed.), Berlin: Gedenkstätte Deutscher Widerstand, 2003, (Schriftenreihe über den Widerstand in Berlin von 1933 bis 1945, No. 14), p. 302. ISSN 0175-3592
  39. Bundesgesetz über die Anerkennung freier Ehen (as of 23 June 1950, Federal law on recognition of free marriages).
  40. Beate Meyer, 'Jüdische Mischlinge' — Rassenpolitik und Verfolgungserfahrung 1933–1945 (1999), Hamburg: Dölling und Galitz, (2002), (Studien zur jüdischen Geschichte; vol. 6), simultaneously Hamburg, Univ., Diss., 1998, p. 469. ISBN 3-933374-22-7
  41. M. Allemand in "Traité du Mariage", imprimerie E. Leboyer (Riom France, 1847) p.129
  42. Arrest du Conseil d'état du Roi concernant les mariages des noirs, mulâtres, ou autres gens de couleur, du 5 avril 1778 (Lille: NJB Peterinck-Cramé, 1778).
  43. {fr} Pétition des hommes de couleur de la Martinique et de la Guadeloupe, Impriperie E. Duverger, Paris (feb. 1829), p. 8-9
  44. Louisiana code, art.
  45. Law of September 20th, 1792
  46. Archives nationales (henceforward A.N.) BB15–211, R4, no 3266
  47. Allemand 1847, p. 130
  48. Sir Beguin and Emilie born slave in Guadeloupe—Allemand 1847, p. 131
  49. Law of April 24th, 1833
  50. ^ "Theodoric". Encyclopædia Britannica Online. Retrieved August 23, 2018. With his people, who may have numbered 100,000 persons, Theodoric arrived in Italy in late August 489... his people could not legally intermarry with Romans... He never missed an opportunity to propagate the idea of civilitas ("civilized life" or "civilization"), a concept that includes the maintenance of peace and order, racial harmony, and the outlawing of oppression and violence.
  51. ^ "Italy: The Ostrogothic Kingdom". Encyclopædia Britannica Online. Retrieved August 23, 2018. Theodoric, king of the Ostrogoths, conquered Italy and killed Odoacer in 493. The decades of the Ostrogothic kingdom in Italy (493–552) can be seen as the first true period of Germanic rule in the peninsula, for an entire tribe of 100,000 to 200,000 people came with Theodoric... Theodoric, who did not want the Ostrogoths to become Romanized, encouraged them to keep their distance from the Romans. Yet such apartheid did not last. Some Romans joined the army; many more Goths became landowners, legally or illegally, and adopted civilian Roman cultural traditions.
  52. "Ancient Rome: The Barbarian Kingdoms". Encyclopædia Britannica Online. Retrieved August 23, 2018. The barbarians were everywhere a small minority. They established themselves on the great estates and divided the land to the benefit of the federates without doing much harm to the lower classes or disturbing the economy.
  53. Freeman, Charles (March 2014). Egypt, Greece, and Rome: Civilizations of the Ancient Mediterranean. OUP Oxford. p. 640. ISBN 978-0-19-965192-4.
  54. "Rugi". Encyclopædia Britannica Online. Retrieved August 23, 2018. The remaining Rugi followed Theodoric for revenge, although they maintained their independence even within the Ostrogothic state, keeping their own administrators and avoiding intermarriage with the Goths. They disappeared with the fall of the Ostrogothic state.
  55. Modern Humanities Research Association (1967). The Modern Language Review, Volume 4. The Rugians kept their race pure by refusing to intermarry with other tribes
  56. Joshua D. Zimmerman, Jews in Italy Under Fascist and Nazi Rule, 1922-1945, pp. 119-120
  57. Davide Rodogno (3 August 2006). Fascism's European Empire: Italian Occupation During the Second World War. Cambridge University Press. p. 65.
  58. "Rassegna stampa: "Arabi e negri? Non sono ariani" Le leggi razziali del '38 e le circolari emanate dal regime fascista". Università degli Studi di Roma "Tor Vergata" (in Italian). Retrieved 8 August 2023.
  59. "provvedimenti in materia matrimoniale e in difesa della razza" [Archive of Laws, Decrees and Regulations]. Consiglio Grande e Generale (in Italian). 1942.
  60. Langmuir, Gavin I. (1 February 1996). Toward a Definition of Antisemitism. University of California Press. p. 80. ISBN 978-0-520-90851-2.
  61. "Spain: Visigothic Spain to c. 500". Encyclopædia Britannica Online. Retrieved August 23, 2018. Despite the collapse of imperial rule in Spain, Roman influence remained strong. The majority of the population, probably about six million, were Hispano-Romans, as compared with 200,000 barbarians... A Roman law that prohibited intermarriage between the two peoples was, however, abolished in the late 6th century. Still, the task of bringing the two peoples together and of achieving some sort of political and cultural unity was a formidable one.
  62. ^ Owen, Norman G. (30 November 2004). The Emergence of Modern Southeast Asia: A New History. University of Hawaii Press. p. 248. ISBN 9780824841942.
  63. Ronald Hyam (2010). Understanding the British Empire. Cambridge University Press. pp. 219–220. ISBN 9781139788465.

Bibliography

Further reading

Segregation in countries by type (in some countries, categories overlap)
Religious
Ethnic and racial
Gender
Dynamics
Related
topics
Racism
Types of racism
Manifestations
of racism
Racism by region
Racism by target
Related topics
Categories: