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Pages:
4 pages/≈1100 words
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APA
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Law
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Essay
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English (U.S.)
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Topic:

The Statutes: 1910 Anti-Miscegenation Statutes (Essay Sample)

Instructions:

the student comparison of two cases in a statute

source..
Content:

The Statute
Student’s Name
Institutional Affiliation
Case 1
1910 Anti-Miscegenation Statutes
Majority of the U.S’s states did not allow marriage between people of different races before the civil war. The action received a term as “intermarriage or methods of unwanted intercourse between the races.” The reconstruction that happened in the Southern States left none of the statutes miscegenation to appear as if they had undergone repealing. There were about 28 statutes in effect in 1910, and six of them were still against the marriage between races. Therefore, this means blacks and whites did not have the permission to intermarry because of the Statute’s restriction. Those found contravening these rules encountered fines, imprisonment or even death. Even with the diffusion of both blacks and Asian American populations, all the existing anti-miscegenation statutes were still in use, with a more of two states taking over the laws and eight states prohibiting Asian Americans for the first time.
Cases
Loving v. Virginia was a landmark civil rights ruling, which not only saw the overturn of loving’s 1958 criminal conviction but also struck down the laws prohibiting interracial marriages.
Facts
Mildred, a mixed black American woman, with a Native American ancestry, and Richard, a white man who was a construction worker, exchanged wedding vows in Washington DC where interracial marriage was legal (Staff, 2017). They returned home to Virginia and five weeks after their wedding they were sentenced to one-year imprisonment for marrying each other. Richard spent a night in prison, while the pregnant Mildred spent several more nights before they pleaded guilty (Zellweger, 2018). The couple was let free to leave the state on condition, not to return together for 25 years. They clandestinely made trips to the country to visit their family and friends, and eventually lived secretly in Virginia.
Issues
The marriage went against the Virginias’ anti-miscegenation statute, the 1924 Racial Integrity Act which deemed marriage between people classified as ‘white’ and those classified as ‘colored’ a felony. The marriage also violated the law that forbade white and black citizens from going out of state to marry and coming back to live as husband and wife.
Rule
The unanimous Supreme Court ruling held the interracial marriage prohibition unconstitutional thus allowing the couple to return home. Additionally, the proscription against mixed race marriages gases been scrapped off in every state constitution. This decision was also followed by a high rate of interracial unions in the United States, and personal holiday set annually on 12th June- Loving Day to celebrate Mildred and Richards’s victory as well as multiculturalism (Zellweger, 2018). It has also been a subject of two movies and songs. Moreover, it became relevant in the 2010s context of the debate about same-sex marriage in the U.S (Goff, 2013). The ramifications of this rulings are witnessed at the ballot, as a result of the changing demography in past decade.
Case 2
Pace v. Alabama, 106 U.S. 583 (1883), was a case where the United States’ Supreme Court gave the affirmation to Albam’s anti-miscegenation statute as constitutional.
Facts
Several individuals including the plaintiff, the American-American man, Tony Pace, the white woman Mary Cox were the residents of Alabama. The arrest of the individuals was in 1881 due to their sexual relationship, which went against the anti-miscegenation statute belonging to that state (“Supreme Court of Wyoming.”, 1884). Their charges were of residing together in the state of fornication or adultery, and the two went to prison for two years in the state penitentiary in the year 1882.
Rule
The "miscegenation," were not allowed by Alabama's anti-miscegenation statute (Ala. code 4189) (“Supreme Court of Wyoming.”, 1884). The given rule means that cohabitation, marriage, and sexual relationship between the Negros and whites were not acceptable whatsoever. It was something for such couple to marry in Alabama because it was against their rules. The penalties were more severe and received strict punishment because of making interracial relationships a criminal activity. The sanctions were too extreme compared to the one that a black or a white couple would win. Therefore, it was so bright that the white and the Negros would never intermarry because a state does not allow such things.
The Comparison of the Two Cases
There was an invalidation of the anti-miscegenation statutes in Loving v. Virginia while in the Pace vs. Alabama; there was consideration of the miscegenation as a valid thing to do.
The children of the Negros in elementary school to reside in Topeka in the Brown v Board a holding in the case of Education. The idea was held in that given case because there was a need to have segregated schools for the Whites and the Negro...
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